On May 9, 2018, the Office of Public Affairs for the National Labor Relations Board (NLRB) issued a news release indicating that the NLRB is considering rulemaking to address the standards for determining joint-employer status under the National Labor Relations Act.
The release quotes NLRB Chairman, John F. Ring, as stating: “Whether one business is the joint employer of another business’s employees is one of the most critical issues in labor law today” adding that “[t]he current uncertainty over the standard to be applied in determining joint-employer status under the Act undermines employers’ willingness to create jobs and expand business opportunities. In my view, notice-and-comment rulemaking offers the best vehicle to fully consider all views on what the standard ought to be. I am committed to working with my colleagues to issue a proposed rule as soon as possible, and I look forward to hearing from all interested parties on this important issue that affects millions of Americans in virtually every sector of the economy.”
While the NLRB regulations would be limited to the National Labor Relations Act in their direct application, joint-employer questions nevertheless remain important issues many businesses need to consider in their dealings with others. Feel free to reach out to us to discuss your own concerns or needs.
You can read the NLRB news release here.