NLRB reinstates prior joint-employer standard
The National Labor Relations Board yesterday 聽a 2015 board decision adopting a new joint-employer standard and returned to the previous standard that governed joint-employer liability, concluding that the reinstated standard adheres to the common law and is supported by the NLRA鈥檚 policy of promoting stability and predictability in bargaining relationships. 鈥淚n all future and pending NLRB cases, two or more entities will be deemed joint employers under the National Labor Relations Act if there is proof that one entity has exercised control over essential employment terms of another entity鈥檚 employees鈥n a manner that is not limited and routine,鈥 the board said. The Coalition to Save Local Businesses, whose members include the AHA, applauded the decision and urged Congress to swiftly codify it into law. 鈥淲e urge the Senate to build upon the progress we have seen in the House, with last month鈥檚 bipartisan passage of the Save Local Business Act, and act swiftly to codify this direct control standard,鈥 CSLB Executive Director Michael Layman.