RILA Comments on DOL Joint Employer Proposed Rule for Retailers

The Retail Industry Leaders Association (RILA) submitted formal comments to the U.S. Department of Labor’s Wage and Hour Division regarding its proposed rule on joint employer status under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). RILA supports the Department’s effort to establish a more uniform and predictable framework while recommending targeted revisions that provide greater clarity for retailers operating in complex workforce and contracting environments.

The comments address several issues that are critical to the retail industry, including staffing agency relationships, third-party service providers, delivery and logistics arrangements, contractor oversight, compliance requirements, and store-within-a-store business models. RILA urges the Department to focus joint employer determinations on actual exercise of control, exclude economic dependence factors, preserve common business practices that do not create employment relationships, and provide additional real-world examples that reflect how retailers operate.

Designed for labor and employment professionals, human resources leaders, legal teams, and public policy stakeholders, this submission offers insight into how the proposed rule could affect workforce management, vendor relationships, and compliance obligations across the retail sector. Download the comments to explore RILA’s recommendations and the potential implications for employers navigating the evolving joint employer landscape.