ACC Responds to NLRB Proposed Rule on Joint-Employer Status

On January 25th, ACC and its Labor Law Network submitted comments to the National Labor Relations Board (NLRB) in response to proposed revisions to The Standard for Determining Joint-Employer Status. In its letter, ACC supported the NLRB’s decision to restore the previous standard, reversing the 2015 Browning-Ferris decision which redefined joint-employer relationships. Browning-Ferris lead to a vague, far-reaching standard and difficulties for in-house counsel charged with advising companies regarding joint-employer liability. Under the proposed revisions, for two employers to be considered a joint-employer, both companies must exercise substantial, direct, and immediate control over the employee. The proposed standard provides clarity and allows contracting parties a predictable method to determine when and where an employment relationship may exist.

Click here to read the letter.