NLRB Proposes Rule Change to Restore Joint Employer Standard

The National Labor Relations Board (NLRB) announced it was going forward with a proposal for re-establishing rulemaking in the joint employer standard. The NLRB issued a proposed rule (PDF) to establish an updated standard to determine joint employer status under the National Labor Relations Act. This move was to counteract a decision in 2015 the Obama-era board made to change the definition of the employer-employee relationship. Based on a 3-2 decision, the NLRB concluded Browning-Ferris Industries could be considered a joint employer with another company which provided contracted employees. This essentially meant anyone exerting indirect control over the terms and conditions of employment for a particular worker is an employer.