ACC Responds to NLRB Proposed Rule on Joint-Employer Status


ACC Position: 

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.