By Sharon Gold
The National Labor Relations Board (“NLRB”) recently proposed a rule establishing the standard for determining joint employer status under the National Labor Relations Act. Employers have until November 13, 2018 to comment about the proposed rule. The proposed rule, commentary and instructions on commenting are available here.
There have been several changes to the definition over the past few years, which has caused uncertainty for employers. The proposed rule states that employers are joint employers “only if the two employers share or codetermine the employees’ essential terms and conditions of employment, such as hiring, firing, discipline, supervision, and direction.” Proposed Rule Part 103.40. “A putative joint employer must possess and Continue reading