Joint Employer Standard

Date: April 21, 2016

Related Content: Issues Labor National

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.


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.

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