Congress of the United States
Washington, DC 20515
March 24, 2016
The Honorable Hal Rogers The Honorable Nita Lowey
Chairman Ranking Member
Committee on Appropriations Committee on Appropriations
Room H305, The Capitol 1016 Longworth HOB
Washington, D.C. 20515 Washington, DC 20515
Dear Chairman Rogers and Ranking Member Lowey,
As you prepare for consideration of the FY 2017 Labor, Health and Human Services, Education and Related
Agencies Appropriations Bill, the undersigned Members of Congress strongly urge you to include and support
critical language that would address changes to the “Joint Employer Standard” (joint employer) made by the
National Labor Relations Board (NLRB) decision in Browning-Ferris Industries of California (BFI) in August
of 2015. This policy rider is essential to providing certainty and clarity for hundreds of thousands of small
businesses in our districts as it relates to their workforce and their business to business contractual agreements.
For more than three decades, the joint employer standard has been one of the comerstones of labor law,
protecting businesses from undue liability involving employees over which they do not have aetual or direct
control. Unfortunately, through its Browning-Ferris Industries decision, the NLRB has completely re-written
the joint employer standard by including “indirect” and “potential” control into its decision, In doing so, the
NLRB has ignored years of legal precedence and has created an environment of uncertainty that will put
pressure on primary companies to assert more authority over small businesses to limit new potential liabilities
under federal labor law. Small businesses are now fearful of undue liability involving the actions and activities
of employees of subcontractors, suppliers and vendors, over which they do not have actual or direct control.
‘The undersigned Members of Congress have heard from businesses and employers in their community, both
large and small —all of whom have relayed their fear and uncertainty surrounding the impacts of the BFI
decision. As our economy slowly rebounds from the recession, Congress and the federal government should
be promoting policies that foster and incentivize job growth, free enterprise, and a stable regulatory
environment, Regrettably, the NLRB’s decision in BFI has done the opposite, creating unnecessary anxiety
and trepidation within the employer community.
On behalf of the thousands of small businesses in our respective districts, we urge you to support the joint
employer rider in the FY 2017 Labor, Health and Human Services, Education and Related Agencies
Appropriations Bill. It will place a one year hold on the NLRB’s new joint employer definition, allowing
Congress the time necessary to analyze and comprehend the impact of such a major change in labor law.
Sincerely,
Roliey bi een Collin C. Peterson
Member of Congress Member of Congress
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