The FMI criticizes the DOL’s proposed regulatory definition of week. The proposed rules define this term to mean “a standard calendar week of 12:01 am Sunday through midnight Saturday, not an employee’s workweek....“ The FMI commented that this proposed new definition “would create an administrative nightmare” for employers who operate on their own established workweeks that are different from the definition. The FMI also sees no need for this definition, and comments that the DOL’s Federal Register notice provides no rationale for it.

The FMI also criticized the DOL proposal prohibiting 16-and 17- year olds from operating power driven meat processing machines when performed in slaughtering and meatpacking establishments, as well as in wholesale, retail or service establishments, including operation of a meat slicer in a deli department or restaurant. The FMI commented that this proposed restriction conflicts with a 2002 NIOSH report, which had been commissioned by the DOL. In contrast to the proposed DOL rules, the NIOSH report recommends that 16-and 17- year olds be allowed to operate and feed meat and food slicers in retail, wholesale and service industry establishments.