NLRB Proposes Rule to Change Joint Employer Standard

The National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking on the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, an employer may be found to be a joint-employer of another employer’s employee 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. The proposed rule reflects a return to the previously longstanding (pre-2015) standard of joint employment.
The submission window for public comments has been extended through December 13, 2018.
See the proposed rule here.
For additional information, see the NLRB Fact Sheet on the proposed rule.