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Joint employment definition takes a pro-employer turn

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in Employment Law,Human Resources

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

THE LAW Several federal laws cover the arrangements that define a joint employer. How joint employment is interpreted under the Fair Labor Standards Act could determine how overtime pay is calculated for certain employees. The National Labor Relations Act provides a framework for union organizing; its definition of joint employment directly affects which workers can participate in organizing activity.

In recent years, several decisions by the National Labor Relations Board and the Obama administration’s Department of Labor expanded the definition of joint employment.

In 2015, the NLRB ruled in Browning-Ferris Industries that employers that possess “sufficient control over employ...(register to read more)

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