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The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard

September 8, 2022

Via: JD Supra

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking (“NPRM”) regarding the standard for determining joint employer status under the National Labor Relations Act (“NLRA”). The rule as proposed would effectively overturn a rule on the same subject issued just over two years ago during the Trump administration.

Joint employment status has been a bit of a tennis match since President Obama’s second term when that Board made it easier to find joint employment status. In the 2015 case known as Browning-Ferris, the Obama-era Board ordered the employer to bargain with employees of a staffing company that were working on its site, broadening the joint employer test to include companies like Browning-Ferris even if they have only “reserved or indirect control” over workers.

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