NLRB Extends Joint Employment Comment Period Rule to December 7

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The National Labor Relations Board (NLRB) has extended the comment period on its proposed rule that aims to make more employers susceptible to joint employment status.

The original comment period was to go through November 7, but the NLRB announced on October 14 that it will accept comments through December 7. Comments replying to the comments submitted during the initial comment period must be received by December 21. Absent extraordinary circumstances, the Board’s announcement says, no further extensions will be granted.

The proposed joint employment rule was announced September 6. Under the rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment.” Those conditions include such things as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules.

In determining joint employment status, the NLRB proposes to consider both direct evidence of control and evidence of reserved and indirect control over the essential terms and conditions of employment.

The proposed rule would return to a standard set under the NLRB’s 2015 Browning-Ferris decision, which made it possible for an employer to be deemed in a joint employment relationship even if it has only indirect control over workers.

The current standard, set during the Trump administration, says an employer is a joint employer of a different employer’s employees only if it exercises direct control over those employees’ essential terms of employment.

Comments should be submitted either electronically to or by mail or hand-delivery to Roxanne Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half St. S.E., Washington, D.C. 20570-0001.

Tammy Binford is a Contributing Editor at HR Daily Advisor.

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