The FMI – The Food Industry Association welcomes the opportunity to comment on the Department of Labor’s (DOL) notice of proposed rulemaking (NPRM) on Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act (RIN 1235-AA46). FMI appreciates DOL’s recognition of the importance of independent contractors to various economic sectors, including the food industry, by proposing a flexible standard for determining worker status.
The food industry is also ever evolving due to many factors including supply chain challenges, consumer trends and demands, and economic conditions. Staffing options for manufacturing, warehousing, and retailing must remain flexible to meet these changes and demands. The NPRM recognizes the need for this operational flexibility in our industry.
Thus, FMI welcomes the prudent decision of DOL in this NPRM to readopt the independent contractor standard finalized in 2021, which FMI supported, and to rescind the divergent standard implement in 2024, which FMI opposed. FMI also appreciated that DOL acted on May 1, 2025, through Field Assistance Bulletin No. 2025-1, to not enforce the 2024 rule.
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