NLRB Releases Joint Employer Proposed Rulemaking

The National Labor Relations Board (NLRB) released its notice of proposed rulemaking on the joint employer standard. The notice was published in the Federal Register on September 6, kicking off a 60-day comment period. 

The proposal stretches the law even beyond the Obama-era BFI standard, explicitly stating that joint employer status could be found if an employer simply “possesses the authority to control (whether directly, indirectly, or both), or exercises the power to control (whether directly, indirectly, or both), one or more of the employees’ essential terms and conditions of employment.” As NLRB Members Kaplan and Ring explained in their dissent, the proposed rule “would not merely return the Board to the BFI standard but would implement a standard considerably more extreme than BFI.”