Partner Todd Lebowitz has authored a LexisNexis Practical Guidance® titled “NLRB Vastly Expands Joint Employer Definition.” Published in November, this article follows the issuance of a new Final Rule by the National Labor Relations Board that changes the test for determining who is a joint employer.
Lebowitz writes that the new rule “adopts a test that will vastly expand the circumstances under which a company is a joint employer of the employees of another company,” something that “may cause absurd results,” he adds. These include “creating joint employment from the application of worksite safety rules to everyone onsite, including a vendor’s employees” and requiring joint employers to participate in the collective bargaining process.