October 17, 2021

Volume XI, Number 290

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What All Employers Need to Know About the New Joint-Employer Standard

On Thursday, August 27, 2015, the National Labor Relations Board (NLRB) issued a decision significantly expanding the definition of a joint employer. The decision has implications for most employers, both unionized and non-unionized. Joint-employer issues may affect businesses using contractors or staffing agencies; franchisors and franchisees; parent entities and subsidiaries; and private equity groups and their portfolio companies.

In addition to the NLRB’s decision, other federal agencies have signaled their interest in a broadened definition of what constitutes an employment relationship: the U.S. Equal Employment Opportunity Commission filed an amicus brief in the NLRB litigation urging a broader joint-employer standard, and the Wage and Hour Division of the U.S. Department of Labor recently issued guidelines with a sweeping definition of employee status. These changes may also have implications for the Affordable Care Act compliance and qualified benefit plans.

Please join us for a one-hour webcast to discuss the ramifications of the NLRB’s decision and the steps businesses should be taking to decrease risk associated with joint-employer relationships.

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