PMPA – March 2020

New Joint Employer Rule

Fisher Phillips has provided the following  update on the new Joint
Employment Rule:

The National Labor Relations Board just published a final rule that will
soon fundamentally alter the definition of joint employment, making it more
difficult for businesses to be held legally responsible for alleged labor
law violations by staffing companies, franchisees, and other related
organizations. The rule will also limit the ability of employees from
affiliated companies to join together to form unions.

Once the rule is in place on April 27, the joint employment standard will be
completely overhauled. There are five key considerations employers should be
aware of regarding the implementation of the new standard.

  *   New Standard: Share Or Codetermine Essential Terms Or Conditions
  *   Substantial Direct And Immediate Control
  *   Certain Practices “Probative” But Not Necessarily Determinative
  *   Certain Practices “Probative” But Not Necessarily Determinative
  *   Totality Of Circumstances

Caution: even though this is a published rule, it could be subject to
actions to delay or block its implementation.
PMPA Thanks Fisher Phillips for keeping us current on Labor law changes like
this.

Complete  Fisher Phillips post here:
https://www.fisherphillips.com/resources-alerts-5-things-you-need-to-know-about
Rule itself:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-03373.
pdf
NLRB Notice:
https://www.nlrb.gov/news-outreach/news-story/nlrb-issues-joint-employer-final-rule
NLRB Fact Sheet:
https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-7581/fact-sheet-joint-employer-final-rule.pdf