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Your Input Needed: How Will New Joint Employer Rule Impact Your Business?

The National Labor Relations Board (NLRB) has issued a notice of proposed rulemaking that would significantly alter the standard to determine who is considered a “joint employer” under the National Labor Relations Act. This proposal would reverse a rule on the same topic promulgated just over two and a half years ago and covers numerous commonplace business relationships that traditionally have not been considered joint employment, a legal situation in which two or more employers control the work or working conditions of the same employees.

Currently, businesses are considered “joint employers” if the businesses exercise direct and immediate control over employment practices and conditions of employment. The new proposed rule does not require a company actually exercise direct control to be considered a “joint employer,” but merely share or co-determine working conditions and conditions of employment. The Florida Chamber is aware the potential burden the NLRB proposed rule could have on businesses and we are seeking your input before the deadline to comment on Monday, November 7, 2022.
1. Does your business currently fall under the definition of a “joint employer” and exercise direct control or have direct control exercised over your business when it comes to employment decisions? 
2. Does the proposed NLRB rule broadening the definition of a “joint employer” relationship impact your business?
4. On a scale of 1-10, how concerned are you that the expanded definition would increase litigation and labor disputes?
 
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5. Do you support/oppose the broadening of the “joint employer” standard?
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