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SWACCA and FCA International Join Forces to Relaunch Opposition to “Save Local Business Act”

Today, FCA International joined SWACCA in sending a letter to the House and Senate opposing the latest version of the Save Local Business Act. This legislation (H.R. 2826/S. 1261) would amend both the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) to substantially curtail the instances in which a company may be deemed a joint employer in relation to the employees of another entity, like a subcontractor, such that it would almost never be liable for misclassification of the subcontractor’s workers as independent contractors or other serious violations of federal employment laws. It would also codify a Trump-era Labor Department rulemaking on joint employer status that SWACCA successfully worked to rescind under the current Administration.

In identical letters to the House Education and the Workforce Committee and Senate Health, Education, Labor, and Pensions Committee, SWACCA President Robert Klugh and FCA International CEO Tony Darkangelo noted that the bill’s narrow definition of joint employment under both the NLRA and FLSA “would provide complete safety for business models built upon the misclassification of construction workers as independent contractors.”  As such, the Save Local Business Act represents “an effort to advantage one business model over another and an endorsement of a model promoting profits over the interests of America’s workers, taxpayers, and construction companies working hard to create middle class jobs and train the next generation of skilled construction craft workers.”

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