7th Circ.'s Sneak Attack On The Joint Employer Standard

Law360, New York (June 24, 2015, 11:21 AM EDT) -- All eyes have been watching the National Labor Relations Board as it announces and reannounces its intent to revisit the test for determining whether two corporations should be treated as joint employers. At the same time, critics of the NLRB's new joint employer standard have moved to stop any new rules. Most recently, the House Appropriations Committee released its draft fiscal year 2016 funding bill that would cut the NLRB's budget and prohibit it from issuing a new standard for joint employment. While the NLRB showdown continues, courts have been weighing in on when an entity is a de facto or indirect employer. Employers should continue to monitor developments on both fronts and consider defensive strategies to minimize the risk of a joint employer finding....

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