American Staffing Association Calls for Clarity in Submitted Comments
The National Labor Relations Board’s proposed joint employer rule “is nebulous and therefore would create uncertainty rather than stability,” according to comments submitted by American Staffing Association senior vice president and chief legal and operating officer Stephen Dwyer on behalf of the organization.
Announced on Sept. 6, the rule proposes to rescind and replace the Trump administration’s 2020 rule while implementing a new standard for determining joint employer status.
“The vagueness and fundamental unworkability of the proposed rule lies in its reliance on ‘common law agency principles,’ which the rule does not define or explain,” Dwyer said in the comments. “Instead of providing clear guidance, the proposed rule would result in inconsistent, case-by-case joint employment determinations. This is a recipe for ongoing confusion and litigation.”
The full comments can be found here.
About the American Staffing Association
The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. ASA and its state affiliates advance the interests of the industry across all sectors through advocacy, research, education, and the promotion of high standards of legal, ethical, and professional practices. For more information about ASA, visit americanstaffing.net.
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