The National Labor Relations Board (NLRB) overturned the joint employer standard that had been in place since 1984 with its Browning-Ferris Industries ruling. This has expanded the joint employer standard to include indirect control over another business’s employees and employment decisions. Now a franchiser could have control over a franchisee’s employment decisions, and a business hiring a subcontractor could essentially be taking on all of the subcontractors’ employees as their own.
NFIB supports S. 2015, the Protecting Local Business Opportunity Act and H.R. 3459, the Protecting Local Business Opportunity Act. You can encourage your representatives to support and co-sponsor this legislation, which would restore a reasonable legal standard for determining joint employer status.
Share your concerns about what the new standard could mean for your business
Additionally, NFIB is a member of the Coalition to Save Local Businesses and Coalition for a Democratic Workplace. Both coalitions work to protect free enterprise from harmful Department of Labor and National Labor Relations Board actions.
News on the Joint Employer Rule
Joint Employer Rule in the News
- NFIB: Small Business Blasts DOL Joint Employer Guidance
- Wall Street Journal: Labor Department to Suggest Designating More Businesses ‘Joint Employers’
- The Hill: Business Groups Blast New Joint Employer Standards
- The Business Journals: New DOL Guidance on Joint Employers Puts Business Relationships At Risk
- The Huffington Post: Using Temp Workers? You’re on the Hook for How They’re Treated
- Forbes: A Union Fight For More Members, Not A $15 Minimum Wage
- International Business Times: NLRB’s New Joint Employer Standard: Everything You Wanted To Know But Were Afraid To Ask
- S. 2015, the Protecting Local Business Opportunity Act letter of support
- H.R. 3459, the Protecting Local Business Opportunity Act letter of support