NACS Submits Comments to DOL Regarding Joint Employer Status
NACS proposed revisions that will better support the Department’s goals of providing clarity and certainty for the regulated public.
Jun 23, 2026
NACS this week submitted comments to the Department of Labor (DOL) in response to the DOL’s Notice of Proposed Rulemaking regarding Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
“NACS applauds the Department of Labor for advancing a joint-employer rule that gives businesses—especially small businesses—needed certainty and clarity. We urge the Department to recognize the convenience retail industry’s unique business environment as it finalizes the rule,” said Jon Taets, director of government relations at NACS.
The comments stated:
“NACS appreciates the Department’s proposal that would restore regulatory guidance and certainty under 29 C.F.R. Part 791 and to engage the public on a rule that will undoubtedly significantly affect employers, employees and the Department’s enforcement personnel nationwide—for the better. With that said, NACS proposes some revisions to the Proposed Rule that we believe will better support the Department’s goals of providing clarity and certainty for the regulated public.”
NACS suggested that the DOL:
- Ensure actual, meaningful control over essential employment terms must remain the principal guidepost
- Properly recognize reserve control without allowing unexercised contractual rights to become dispositive
- Retain and strengthen the proposed section of the rule that deals with what business practices are given the most weight when making a joint employer decision
- Clarify the limited weight of employment records
- Preserve the distinction between Mandatory Directions and Requests, Recommendations or Incidental Impacts
- Ensure additional factors should remain clearly subordinate to the four-factor vertical framework
- Ensure the FMLA and MSPA cross-references should be adopted with clear guardrails
- Retain the long standing Horizontal Joint Employment Standard
- Preserve the portal-to-portal reliance framework
The department will now review the comments received during the process and will release a final version of the rule in the coming months.
