NRF Opposes New Joint Employer Rules

WASHINGTON – The National Retail Federation today issued the following statement from Senior Vice President of Government Relations David French after the National Labor Relations Board issued its new rules concerning the joint employer standard under the National Labor Relations Act (NLRA). Under the new rules, a company could be considered a joint employer even if it has only indirect control or unexercised potential control over another company’s employees.

“The NLRB’s new rules will have a detrimental impact on the retail community as it creates ambiguity within the employer-employee relationship, inhibiting both job growth and free enterprise.

“Retailers need a definitive line regarding joint employment, because they regularly contract with third-party businesses to provide a variety of services in areas involving their distribution centers, shipping and facilities maintenance and others. The partnerships between retailers and these specialty service providers are vital to the industry’s success.

“Simply put, the new standard is unclear, unnecessary and harmful to thousands of retail employers and the millions of Americans they employ.”

NRF submitted a comment letter in December 2022 formally opposing the proposed rules and urging the Board to retain the existing, workable standard.

As the leading authority and voice for retail, NRF will continue to oppose the imposition of these rules on the retail industry. As such, NRF is currently reviewing our legal options.

About NRF
The National Retail Federation passionately advocates for the people, brands, policies and ideas that help retail succeed. From its headquarters in Washington, D.C., NRF empowers the industry that powers the economy. Retail is the nation’s largest private-sector employer, contributing $3.9 trillion to annual GDP and supporting one in four U.S. jobs – 52 million working Americans. For over a century, NRF has been a voice for every retailer and every retail job, educating, inspiring and communicating the powerful impact retail has on local communities and global economies.