Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Charles S. Caulkins, partner with the Fort Lauderdale office of Fisher & Phillips and a member of the firm’s management committee. Charles S. Caulkins, partner with the Fort Lauderdale office of Fisher & Phillips and a member of the firm’s management committee.

Over a 24-hour period in mid-December, the National Labor Relations Board turned back the clock by issuing four momentous decisions that will impact workplace law for years to come. By casting away controversial rulings from the Obama-era board, the newly constituted NLRB returned to reasonable standards that had existed for decades. After having survived eight years of a decidedly pro-union labor board that routinely pumped out opinions hostile to employers, employers across the country can breathe a sigh of relief knowing that balance is being restored to the labor and employment law landscape.

Joint Employment Doctrine Sees Rewrite

In 2015, the board renounced a 30-year-old joint-employer test by eliminating the requirement that the employer actually exercise control over workers in order to be considered a joint employer. Further, the board rejected the requirement that such control must be direct, immediate, and not limited and routine, holding instead that indirect control—such as control through an intermediary—would be sufficient to find joint employment. This controversial decision did seem to comport with reality and brought about a great deal of trouble in a modern business world replete with staffing arrangements, contingent workforces, franchise relationships and similar systems.

But on Dec. 14, the board announced that, in all future and pending cases, two or more entities will once again be deemed joint employers only if there is proof that one entity has exercised control over essential employment terms of another entity’s employees (rather than merely having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

Constangy s Field Guide to the Americans with Disabilities ActBook

Provides the employment law practitioner with clarity to the most recent developments for the ADA Amendments Act and facilitate a better understanding of this field of l...

Get More Information

America's Claims Executive Virtual Leadership Forum & Expo 2021Event

ACE Virtual Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.