Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: direct and immediate control

NLRB Issues Final Rule Clarifying Joint Employer Standard

Posted in NLRB, Rulemaking
Today, the NLRB announced their final rule on how to analyze joint-employer status under the NLRA.  This is good news for employers, as the final rule makes it harder to prove that workers are jointly employed by affiliated businesses.  By publishing this final rule, the NLRB is revitalizing the joint-employer standard that the NLRB applied… Continue Reading

NLRB Returns to a More Demanding Joint Employer Test

Posted in NLRB
Yesterday, the NLRB overruled the Obama-era Browning-Ferris Industries decision and returned to an older, more demanding test for determining when multiple employers are joint employers. First, a little history.  For a long time, employers could only be considered “joint employers” if they each exercised direct and immediate control over employees.  Joint employers can be liable… Continue Reading