Federal Spotlight: NLRB Offers Updated Ruling on Joint-employment Standard

September 20, 2018

The National Labor Relations Board announced last week it has issued a proposed rule to make changes to the current definition of the joint-employer standard. Under the rule as put forward, an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine. This proposed rule differs from the current interpretation of joint-employer standard, which was greatly expanded by President Obama’s NLRB in 2015. If you would like to read the rule or provide a public comment, click here. You can read the NLRB’s full press release here. The National Association of Manufacturers sees this new rule as a win for manufacturers. Click here to read their blog post on the issue.