Court Upholds Joint Employer Rule, Leaves Room for Changes thorough Further Adjudication and Rulemaking

The National Labor Relations Board’s current joint employer standard has received a mixed review from a federal circuit court. The decision is disappointing to AGC, which sought reversal of the standard in an amicus brief in the case, but it provides some valuable guidance on how courts may evaluate the Board’s ongoing rulemaking efforts. In general, joint employer status under the National Labor Relations Act (NLRA) exists where two otherwise separate employers co-determine some or all of the terms and conditions of employment for the employees of one of the employers. This typically arises in a situation where one employer retains the other employer to provide business services. READ MORE

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