New NLRB Joint Employment Rule: Don't Celebrate Just Yet

Law360 (October 4, 2018, 11:11 AM EDT) -- The National Labor Relations Board's Sept. 13 release of the draft joint employer rule was met with glee by employers across the country. While the proposed rule will reduce the opportunity for liability to be extended to a secondary business, employers operating in these circumstances must continue to contend with varying joint employer rules. An end zone dance is premature.

Joint employment is a concept that extends far beyond the National Labor Relations Act and the NLRB. Broadly, joint employers are two or more businesses that share control over a worker. The joint employer doctrine is used to determine whether two...

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