Anecdotal Evidence for ‘Joint Employment’ Rule May Not Be Enough

The National Labor Relations Board could run into problems in court if it relies on anecdotal evidence to support its plan to change the legal test for “joint employment” liability under federal labor law, legal scholars told Bloomberg Law.

The NLRB is collecting public comments on its proposal for a narrower, more business-friendly standard for determining when a company is a joint employer of another’s workers. Such a determination can be a critical issue for franchisers and companies that rely on contract labor. McDonald’s, for example, is fighting a complaint that it should share legal responsibility for alleged unfair labor ...