By letter dated June 5, 2018, National Labor Relations Board Chairman John Ring announced that the Board will issue a proposed regulation to determine when employers may be considered joint employers under the National Labor Relations Act “as soon as possible, but certainly by this summer.”
In the letter, Chairman Ring argued that notice-and-comment rulemaking was the most prudent way to review the joint-employer standard, and further contended that establishing legal standards through precedential decisions limits the Board and results in less comprehensive rules. Per Chairman Ring:
“Rulemaking offers the best vehicle to fully consider all views on what the [joint-employer] standard ought to be.”
Chairman Ring emphasized that, if approved, any final rule would apply prospectively only, and would not affect pending cases.
Labor watchers expect the Board to issue a Notice of Proposed Rulemaking in the coming weeks. Employers that could be affected by any changes to the current joint-employer standard would do well to closely follow the blog for further updates.
