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

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



