In this breaking news flash from Employment Law This Week®, Steven M. Swirsky, a Member of the Firm and former National Labor Relations Board (“NLRB” or “Board”) attorney, discusses the significance of the NLRB’s proposed rule that would adopt a new standard for determining whether two employers are “joint employers.” He also addresses what employers can expect to happen next with the proposed rule, including possible challenges to the Board’s efforts to adopt this new standard in light of the conflict-of-interest dispute that resulted from the NLRB vacating its December 2017 decision in Hy-Brand (in which the Board attempted to adopt a similar standard and overrule the Obama-era standard previously adopted in Browning-Ferris Industries).
For more, read this recent blog post.
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