This CLE webinar will guide practitioners through the NLRB's new and expansive final rule setting the standard for joint employment including the increased risks and obligations this rule imposes on union and non-union employers. The panel will address how counsel may assist their clients to mitigate the risk of being found to be a joint employer, including contractual considerations with third parties and navigating various federal agency standards.
The NLRB recently released its expansive final rule, effective Feb. 26, 2024, setting the standard for joint employment under the NLRA and impacting union and non-union employers. The final rule creates risks for organizations that use outside workers or simply benefit from their services, including businesses and their service providers or franchisors and franchisees.
Under the final rule, joint employment may be found where one entity has direct and/or indirect control (including through an intermediary) over any of the essential terms and conditions of employment of another entity's employees, even if that control is only reserved or never actually exercised. The final rule sets forth an exhaustive list of terms and conditions of employment that are considered essential for the purposes of joint employment analysis--including wages, work hours, assignment of duties, work rules governing the manner in which the work is performed, and hiring and discharge.
Joint employer status could make one entity liable for the other entity's NLRA violations, even if the first entity did not participate in the underlying events. It could also expand the joint employers' bargaining obligations. Both are very costly to employers.
In addition to understanding the NLRB's joint employment rule and its effect on their clients, counsel should be aware of how the new rule interacts with and/or differs from other federal agencies' joint employment standards (e.g., DOL, EEOC) and how their clients can best navigate the various federal standards to minimize risk.
Listen as our expert panel guides practitioners through the NLRB's new rule setting the standard for joint employment. The panel will discuss best practices for mitigating risk, including third-party contractual considerations and navigating the maze of federal joint employment standards.
