Bloomberg Law
Dec. 19, 2018, 7:45 PMUpdated: Dec. 19, 2018, 11:18 PM

NLRB General Counsel: Joint Employer Proposal Falls Short (1)

Hassan A. Kanu
Hassan A. Kanu
Legal Reporter
Robert Iafolla
Robert Iafolla

The National Labor Relations Board’s top lawyer unexpectedly criticized the agency’s proposal for determining when multiple companies should share joint liability for labor law violations.

The proposal for a “joint employer” liability standard isn’t specific or demanding enough and would improperly force certain companies to bargain with unions, NLRB General Counsel Peter Robb suggests in comments released Dec. 19.

Robb’s criticisms could push the board to pursue a joint employer rule that is even more favorable to businesses than its current plan. The current proposal would categorize a company as a joint employer if it has “direct and immediate” control ...

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