NWRA Submits Comments on the Wage and Hour Division’s Proposed Rule to Clarify Joint-Employer Standard

NWRA Submits Comments on the Wage and Hour Division’s Proposed Rule to Clarify Joint-Employer Standard

Arlington, VA – The National Waste & Recycling Association (NWRA) filed comments with the U.S. Department of Labor’s Wage and Hour Division (WHD) in response to its proposed regulation to establish a standard for determinations of joint-employer status under the Fair Labor Standards Act.

“NWRA appreciates WHD’s recognition that the current situation lacks the clarity and certainty that businesses require in order to comply. Safety is the top concern for NWRA and our members. We want every employee in our industry to make it home each day safely, free from injury or fatality,” said NWRA President and CEO Darrell Smith.

“Companies that use contractors should not be put at risk of a joint-employer finding if they require their contractors’ workers to follow safety rules generally applicable to anyone on the premises, regardless of their employment status,” continued Smith. “We believe that a clear delineation of employer responsibility will help ensure a safe workplace, whereas, a blanket assumption of joint-employer status can result in confusing and conflicting directives that make employees less, not more, safe.”

NWRA previously submitted comments to the National Labor Relations Board (NLRB) in support of its proposed rule on the Definition of a Joint Employer on November 28, 2018. That rule is still pending. NWRA asks WHD to adopt standards that are in alignment with the NLRB’s proposed rule.


The National Waste & Recycling Association (NWRA) represents the private sector waste and recycling services industry. Association members conduct business in all 50 states and include companies that manage waste, recycling and medical waste, equipment manufacturers and distributors, and a variety of other service providers. For more information about NWRA, please visit www.wasterecycling.org.

Brandon Wright
National Waste and Recycling Association