THE NATIONAL LABOR Relations Board has issued what it says is its final ruling on the standard for determining joint-employer status under the National Labor Relations Act, essentially broadening the definition of joint employer to any “entity that has an employment relationship with the employees....
This notice of proposed rulemaking proposes to rescind and replace the final rule entitled “Joint Employer Status Under the National Labor Relations Act,” which took effect on April 27, 2020. The proposed rule would revise the standard for determining whether two employers are joint employer...
Re: Proposed Rule, National Labor Relations Board; Standard for Determining Joint-Employer Status Under the National Labor Relations Act (87 Fed. Reg. 54,641-54,663, September 7, 2022) Dear Ms. Rothschild: The U.S. Chamber of Commerce (“the...
California employers should remember that the state has its own set of joint-employer rules that are generally broader and more protective of workers than the federal law. The Industrial Welfare Commission and the California Supreme Court adopted a broad joint-employer definition that not only focuses...
terms and conditions. We do not support, however, the NLRB’s new rule, which codifies a new standard that establishes indirect or unexercised control as sufficient to trigger joint employer status. This subjective definition will create predisposed outcomes irrespective of genuine facts and circumstan...
The Department of Labor Issues the Most Expansive Definition Yet of Joint-Employer StatusMichaels, Kristin
This definition would significantly narrow existing interpretations under the FLSA and the NLRA (as laid out in the Browning-Ferris decision), which do not require direct and immediate control over terms and conditions of employment to establish a joint-employer relationship. Instead, a joint-...
There’s a lot packed into that definition: The proposed joint employer must share or codetermine the workers’ terms and conditions of employment; These terms have to be essential terms of employment, such as hiring, firing, discipline, supervision, and direction; ...
There has been buzz for many months about the likely decision of the National Labor Relations Board (NLRB) to expand the definition of “joint employer” under our federal labor laws. Two weeks ago, the U.S. House of Representatives Subcommittee on Health, Employment, Labor and Pensions held...
The 2020 Joint Employer Rule remains in effect after the National Labor Relations Board withdraws its appeal of the vacated 2023 rule.