In an interview with the Washington Free Beacon regarding the NLRB’s extension of the comment period on a new proposed Joint Employer Rule, Tampa partner Steve Bernstein explained why the Board is pushing for a new rule rather than waiting for a case to work its way through the court. “It would allow the GOP to act more decisively,” he said. "Rulemaking gives them elbow room to paint on a canvas rather than being constrained by the facts of a particular case. It's a little harder to undo a rule.” According to Bernstein, a new rule would make it more difficult for a future Democratically controlled Board to return to the Obama-era standard.
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