NLRB Expands Joint Employer Standard: Employment Law Manual, Other Tools Updated

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

In a landmark case, the National Labor Relations Board (NLRB) expanded the joint employer standard and ruled that it will no longer require direct and immediate control over terms and conditions of employment to establish a joint employer relationship. Instead, the NLRB will now find a joint employer relationship if the employer has indirect control over terms and conditions of employment or simply reserves the right to exercise such control. A party determined to be a joint employer under this new test will be subject to the union election process, collective bargaining obligations and liability risks for unfair labor practices.

As a result of the NLRB's new expanded joint employer test, the following Labor Relations content has been updated:

In addition, the following content has been updated to incorporate this new legal development: