Analysis

3 Takeaways From NLRB's Stricter Joint Employer Test

Law360 (February 25, 2020, 10:58 PM EST) -- While the joint employer rule released by the National Labor Relations Board on Tuesday has already won plaudits from business advocates, the regulations are almost certain to face legal challenges from worker advocates who say the board's new stance will hurt low-wage workers and incentivize businesses to cut corners.

After years of policy fluctuations over the legal test it uses for analyzing whether workers are jointly employed by affiliated businesses, the NLRB has finalized a controversial rule that replaces a worker-friendly test adopted in an Obama-era case called Browning-Ferris Industries.

The new rule, set to take effect in late April, installs a...

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