May 13, 2021


May 13, 2021

The Honorable Roger Marshall

U.S. Senate

B33 Russell Senate Office Building Washington, D.C. 20510

The Honorable James Comer

U.S. House of Representatives

2410 Rayburn House Office Building Washington, D.C. 20515

Dear Sen. Marshall and Rep. Comer:

The undersigned organizations write in strong support of the “Save Local Business Act,” and we commend you both for your efforts to support workers and small businesses through this legislation. This commonsense bill would amend the National Labor Relations Act and the Fair Labor Standards Act to make clear that an employer may be considered a joint employer in relation to an employee only if such employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment. This legislation comes at a critical time in the economic recovery when so many small businesses are emerging from the COVID-19 pandemic and are seeking legal clarity to help them grow their businesses, create jobs, serve their communities and meet local, state and federal obligations to their employees, customers and the general public.

Your constructive legislation stands in stark contrast to the “Protecting Right to Organize Act (PRO

Act, H.R. 842/S. 420),” which would devastate many small businesses that have survived a very challenging pandemic. The PRO Act would codify into law the National Labor Relations Board’s controversial Browning-Ferris Industries joint employer standard, and expose nearly every business

relationship to liability for unlawful behavior committed by business partners, such as contractors, suppliers, and franchisees. Out of fear of this increased responsibility, larger corporations will stop assisting their franchisees, suppliers or contractors, impose far more control over them, abandon the franchise model, or cease partnering with these more specialized businesses. In these circumstances, small business owners will bear the negative repercussions of this policy change, and the American dream of business ownership will be far more difficult to achieve.

Thank you again for your work on this important legislation, and we look forward to working with you to help foster an economic and legal landscape that helps America’s small businesses recover from the COVID-19 pandemic and thrive long into the future.


Alabama Restaurant and Hospitality Association American Bakers Association

American Hotel & Lodging Association American Staffing Association American Supply Association

American Trucking Associations Argentum

Asian American Hotel Owners Association Associated Builders and Contractors Associated Equipment Distributors Associated General Contractors

The Association for Hose and Accessories Distribution

Auto Care Association Catapult

Coalition of Franchisee Associations

Coalition to Promote Independent Entrepreneurs Consumer Technology Association

Equipment Services Association Fluid Power Distributors Association

Foodservice Equipment Distributors Association Franchise Business Services

Global Cold Chain Alliance HR Policy Association

Home Care Association of America Independent Electrical Contractors Institute for the American Worker

International Association of Plastics Distribution International Foodservice Distributors Association International Franchise Association

International Sealing Distribution Association International Council of Shopping Centers MSPA Americas

Manufactured Housing Institute Metals Service Center Institute NACS


National Apartment Association National Association of Home Builders National Association of Manufacturers

National Association of Professional Employer Organizations National Association of Truckstop Operators

National Association of Wholesaler-Distributors National Council of Chain Restaurants

National Franchisee Association National Grocers Association

National Marine Distributors Association National Multifamily Housing Council National Ready Mixed Concrete Association National Restaurant Association

National Retail Federation

National Roofing Contractors Association National Small Business Association National Waste & Recycling Association

Outdoor Power Equipment and Engine Service Association Petroleum Equipment Institute

Private Care Association

Retail Industry Leaders Association Retail Packaging Association

Security Hardware Distributors Association Small Business & Entrepreneurship Council

Society for Human Resource Management

Society of Independent Gasoline Marketers of America Tile Roofing Industry Alliance

Truck Renting and Leasing Association

U.S. Chamber of Commerce

Wholesale Florist and Florist Supplier Association Workplace Policy Institute