THE NLRB REDEFINES THE JOINT EMPLOYER DOCTRINE

On August 27th, the National Labor Relations Board (NLRB) dramatically reinterpreted the "joint-employer" doctrine. Under the National Labor Relations Act (NLRA), "joint employers" are two separate employers that both control the terms and conditions of shared employees-shared in the sense that the employees are employed by an entity that provides temporary labor to work for another employer or with whom that employer subcontracts. Previously, the NLRB's definition of "joint employer" required both employers to have direct and immediate control over the employee(s) in question. The NLRB has expanded the definition to include any employer that has the right of "actual control whether direct or indirect." [More]