NLRB Proposed Rule Would Tighten Joint Employer Test

On September 14, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking on “The Standard for Determining Joint Employer Status” that would roll back the Browning-Ferris joint employer test. Under the proposed rule, an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine. Comments on this proposed rule must be submitted on or before November 13, 2018.