NLRB Announces Plan to Issue Joint Employer Rule

In a letter to senators Kirsten Gillibrand (D-N.Y.), Bernie Sanders (I-Vt.) and Elizabeth Warren (D-Mass.), National Labor Relations Board (NLRB/the Board) chairman John Ring indicated that the Board is working on issuing a Notice of Proposed Rulemaking on the joint employer standard by the end of summer. The letter was in response to concerns raised by those senators that the NLRB was avoiding ethics standards by considering such a ruling.

Earlier this year, the Board vacated a decision that overturned Browning-Ferris, because it determined that one of the board members should have recused himself from the process due to conflict of interest. Browning-Ferris threatens virtually any relationship between contractors and subcontractors by implementing an indirect and potential control standard. The Save Local Business Act (H.R.3441), which passed the United States House of Representatives in November, is currently pending before the United States Senate, which would return to the direct and immediate control standard.