Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care & Life Sciences practices, in the firm's New York office, was quoted in Law360, in “One Year After Browning-Ferris, Employers Decry Uncertainty,” by Matthew Bultman. (Read the full version – subscription required.)
Following is an excerpt:
The NLRB has said a change to the joint employer standard was needed because the old standard hadn't kept pace with the changing economic conditions and the rise in contingent employment relationships. The problem, business interests contend, is that the new standard is too vague and creates uncertainty about about what now constitutes control.
"It's definitely having an impact and I think it's having a significant impact on a lot of business decisions — how companies, lawyers and unions are approaching a lot of circumstances," said Steven Swirsky of Epstein Becker Green.