NLRB Agenda Includes Setting a Regulatory Joint Employer Standard
1 min read
May 17, 2018
We have written previously regarding the saga of the National Labor Relations Board and joint employer status here, here, and here. In short, the question of when a business is responsible for another business’s employees has been in flux for a few years, affecting franchisee/franchisor relationships, businesses that utilize temporary employees, parent and subsidiary companies, and similar arrangements.
In 2015, a Board decision (Browning-Ferris) overturned long-standing precedent and greatly expanded this liability. Then, more recently, a new decision (Hy-Brand) vacated Browning-Ferris and returned us to the former status quo, only for Hy-Brand itself to also be vacated because of the way the Board was comprised. Various pending remand and appellate issues abound with both cases.
NLRB Chairman John F. Ring states, “The current uncertainty over the standard to be applied in determining joint-employer status under the Act undermines employers’ willingness to create jobs and expand business opportunities.” As shown in this press release, the NLRB is considering putting a stop to this uncertainty by issuing regulations. This press release is only a possible indication of the NLRB’s regulatory agenda, and we will be sure to keep you apprised of any developments, including an anticipated Notice of Proposed Rule Making.
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation




