Over the dissent of the agency’s two Republican members, and as expected, the Democrat majority on the National Labor Relations Board (NLRB or Board) has published a proposed rule that would scrap the Trump-era standard for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). In its stead, the Board’s proposal would effectively reinstate the controversial joint employer test adopted by the Obama-era NLRB in 2015 in the case of Browning-Ferris Industries of California, Inc.
If adopted as proposed, the rule would replace the 2020 rule promulgated by the Board during the Trump Administration that attempted to restore some balance to the joint employer determination after the adoption of the employee-friendly Browning-Ferris test favoring joint employer liability.
Members of the Center for Workplace Compliance (CWC) can read more here.