March 26, 2019

March 26, 2019

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March 25, 2019

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Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018.

The proposed rule was originally published in the Federal Register on September 14, 2018, and comments were due by November 13, 2018. Replies to comments submitted during the initial comment period must be received by the Board on or before December 20, 2018.

Companies that use or provide temporary or supplemental staffing services are strongly encouraged to submit comments to the Board for consideration. Companies that regularly work with franchisors and franchisees or with subcontractors also may want to comment, as the proposed changes may affect them directly.

This public-comment period is an important opportunity for companies to submit input and concerns and increase the possibility of a well-informed, comprehensive final rule that will provide clear guidance to and limit the risk of litigation for employers.

Jackson Lewis P.C. © 2019

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About this Author

Of counsel

Michael T. Mortensen is Of Counsel in the Dallas, Texas, office of Jackson Lewis P.C. He focuses his practice on traditional labor relations, workplace law, and preventive advice and counseling.

His extensive labor relations experience includes collective bargaining, labor contract administration, grievances and arbitration hearings, NLRB proceedings, litigation, work stoppages, acquisitions and divestitures, and multiemployer benefit plans. He also serves as a trusted partner and advisor in all aspects of employment law, including...

972-728-3284
Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law
Principal

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

617-367-0025
Philip B. Rosen Jackson Lewis  Preventive Practices Lawyer & Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

212-545-4000