Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in the Bloomberg Law Daily Labor Report, in “Labor Board Has Many Ways to Revive Broader Joint Employer Rule,” by Robert Iafolla.

Following is an excerpt:

A federal district court’s invalidation of a National Labor Relations Board regulation on joint employer liability under federal labor law presents the board with several potential responses—including treading into untested legal territory.

The NLRB’s possible paths include appealing the decision, initiating new notice-and-comment rulemaking to rescind the Trump-era joint employer rule that’s currently in effect, and refusing to acquiesce to the judge’s ruling outside of his judicial district, the Eastern District of Texas.

Those options don’t seem to be mutually exclusive.

“If I were on the board, I’d say ‘let’s start now with the rulemaking aspect, also pursue the appeal as aggressively as we can, and then we can think about what to do in terms of nonacquiescence,’” said Steven Swirsky, co-chair of Epstein Becker & Green PC’s labor-management relations practice.

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