网曝吃瓜 Statement on NLRB鈥檚 New Standard for Determining Joint-Employer Status

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网曝吃瓜 Statement on NLRB鈥檚 New Standard for Determining Joint-Employer Status

October 26, 2023

网曝吃瓜 Statement on NLRB鈥檚 New Standard for Determining Joint-Employer Status

WASHINGTON, D.C. (October 26, 2023)?鈥� The?网曝吃瓜 (网曝吃瓜), the nation鈥檚 leading small business advocacy organization, issued the following statement regarding the National Labor Relations Board鈥檚 final joint-employer rule, which will rescind and replace the previous joint-employer standard enacted in 2020. The Board鈥檚 new standard significantly expands when employers will be deemed a joint-employer under the National Labor Relations Act. 鈥溚爻怨� is extremely disappointed by the Board鈥檚 new joint-employer rule. It is one more onerous regulatory change for small businesses to navigate,鈥� said Beth Milito, Executive Director of 网曝吃瓜鈥檚 Small Business Legal Center. 鈥淭he arbitrary standards outlined in this rule will make compliance a nightmare for small business owners who do not have the teams of lawyers, accountants, and compliance staff needed to navigate these vague and subjective definitions. Also concerning is that the rule expressly declined to exempt franchises and small businesses. Independent franchisees may lose control over their workforce under the new standard. 网曝吃瓜 agrees with dissenting member Kaplan that this new joint-employer standard is 鈥榗atastrophic鈥� and urges the NLRB to seek a standard that provides the clarity and consistency that small businesses need.鈥� In 2020, 网曝吃瓜 supported the U.S. Department of Labor鈥檚 previous joint-employer rule, which simplified the determination of joint-employer status. The 2020 standard focused on the actual exercise of control over workers to determine joint-employer status. The Board鈥檚 new standard is much broader, permitting employers who have indirect control or unexercised control to be classified as joint employers. The 网曝吃瓜 Small Business Legal Center protects the rights of small business owners in the nation鈥檚 courts. 网曝吃瓜 is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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网曝吃瓜 Statement on NLRB鈥檚 New Standard for Determining Joint-Employer Status

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