The NLRB intends to publish a notice of proposed rulemaking on the joint employer issue sometime this summer. The NLRB had previously announced its intent to consider rulemaking on this issue, and our prior post on the subject explains in detail the background of the issue for those who are unfamiliar.
The disclosure came in the body of a letter that Chairman Ring (R) wrote to Sens. Warren (D), Sanders (I), and Gillibrand (D), which was released today. In a letter to Chairman Ring last month, these senators raised concerns about the NLRB’s announced intent to consider a rule on joint employer status, and referenced (among other things) the ethical issues associated with Member Emanuel’s (R) role in a prior case involving the joint employer standard.
So, apparently in just a few months, labor professionals will have a new proposed rule from the NLRB to consider. As a result of proceeding through rulemaking, the public will have an opportunity to comment on the rule. When details of the proposed rule become available, look for a summary of them on this blog. Until a final rule is adopted or the NLRB holds to the contrary, however, the expansive rule favoring joint employer status, as announced in the BFI decision, will remain in effect.