The NLRB ‘joint employer’ decision: New risks, new liability — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

The NLRB ‘joint employer’ decision: New risks, new liability

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in Employment Law,Human Resources

THE LAW: The National Labor Relations Act (NLRA) regulates labor organizing for both employees and employers. It provides a framework for union elections and collective bargaining.

Because the law covers employees’ rights to organize, it applies to both unionized and nonunionized workplaces. The National Labor Relations Board (NLRB) interprets the law and makes rulings on employer-employee labor disputes.

WHAT’S NEW: For the past 30 years, the standard for determining who were considered “joint employers” under the NLRA came from two 1984 Board decisions, TLI, Inc. and Laerco Transportation. Under that standard, a joint-employer relationship existed when “two separate entities share or co-determine those matters governing the essential terms and conditions of employment” and an employer had to “meaningfully affect matters relating to the employment relationship, such as hiring, firing, discipline, supervision and direction.”...(register to read more)

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