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A deeper look at the NLRB’s joint-employer proposal

By Pamela Wolf, J.D.

On September 14, the National Labor Relations Board published its greatly anticipated proposed rule joint-employer rule. The proposed rule mirrors the standard that the Board tried to put into place in its now-vacated December 2017 Hy-Brand Industrial Contractors, Ltd. decision, which would have overturned the more expansive Obama-era standard installed under the Board’s 2015 Browning-Ferris decision. The proposal was no surprise to labor and employment practitioners, but it nonetheless has the potential to impact employers and employees in various ways that are worthy of discussion.

To sort out exactly how the proposed joint-employer rule may impact employers generally, in the franchise community, in the gig economy, and on the collective bargaining front, Employment Law Daily reached out to Ogletree Deakins Shareholder Mark G. Kisicki, who represented Browning-Ferris, and Polsinelli Shareholder Jay Dade. Click here to read their comments.