NLRB Proposes New Joint Employer Standard

Labor News

Reprinted from The Washington Post by Joyce Rosenberg on September 17, 2018.

The National Labor Relations Board has rewritten its joint employer standard, a move that would ease the rule’s impact on companies including franchise owners and businesses that subcontract work to others.

The board last week proposed a rule that says a company can be considered a joint employer “only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment.” A company’s control over employment must not be limited, and it must be routine.

The joint employer rule was on the list of Obama-era federal regulations the Trump administration wanted to eliminate. The proposal is a big shift away from a 2015 NLRB ruling that expanded the concept of joint employer; it said one company’s indirect control over another’s workers could make both joint employers. …

Washington Post 9/17

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Jeff Burman represents assistant editors on the Guild’s Board of Directors. He can be reached at

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