The National Labor Relations Board (“NLRB” or the “Board”) announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.” This Rule will take effect on April 27, 2020.

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The National Labor Relations Board issued two decisions of major interest to employers on December 14, 2017 – (1) adopting a new, more balanced test for evaluating whether workplace rules infringe upon employees’ rights under the National Labor Relations Act and (2) overturning the broad standard for determining joint employer status and returning to the prior, more practical standard.
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DOLEmployers rejoice! The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status.
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