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:
- Collective Bargaining Process: Federal
- Employer Liability: Federal
- Strikes, Lockouts and Other "Economic Weapons": Federal
- Unfair Labor Practices: Federal
- Union Organization and Labor Relations: Federal
- How to Prepare and Continue Business Operations During a Strike
- How to Prepare for Collective Bargaining Negotiations
- Union Strikes and Picketing: Supervisor Briefing
- Union Organizing Campaigns: Supervisor Briefing
- Manage an Unfair Labor Practice Charge Filed by a Union
- Bargain in Good Faith During the Collective Bargaining Process
- National Labor Relations Board
In addition, the following content has been updated to incorporate this new legal development:
- Employer Liability Concerns in Employee Management
- FMLA: Federal
- Managing Employees in Special Situations
- How to Manage Contingent or Temporary Workers
- Independent Contractors - Supervisor Briefing