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NLRB extends deadline for comment on joint-employment rule

January 14, 2019

The National Labor Relations Board on Friday extended the deadline for submitting comments regarding its Notice of Proposed Rulemaking on joint-employer status to allow for issues raised by an appeals court ruling to be addressed.  

The DC Circuit Court of Appeals ruled Dec. 28 that a National Labor Relations Board decision in 2015 to expand joint employment was too broad. The case involved Browning-Ferris Industries and its staffing firm Leadpoint Business services; the NLRB’s decision had caused waves in the staffing industry. The NLRB is also now working on a plan reverse the 2015 change in the joint-employer standard, according to Staffing Industry Analysts.

Comments must now be received on or before Jan. 28. And comments replying to the comments submitted during the initial comment period must be received by the NLRB on or before Feb. 11.

Also on Friday, 11 attorneys general — from California, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Virginia, Washington and Washington, DC — filed a letter with the NRLB opposing its proposed rulemaking.

“The current joint-employer standard not only accords with well-established common law principles, but also better protects employees and provides clear expectations to employers,” the letter stated. “This standard is superior to the Proposed Rule based on both the policy considerations codified in the [National Labor Relations Act] and the overwhelming evidence of changing models of employment in the modern economy.”


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