Labor Relations Co-Chair Interviews on NLRB’s Proposed Rulemaking to Replace Joint Employer Standard

In an interview with McKnight’s Senior Living and SHRM, Steve Bernstein discusses a new draft rule governing joint employers issued by the National Labor Relations Board. The new rule lays out strict standards for joint employment that could redefine how employers work with third-party hiring agencies.

He explains to McKnight’s that the healthcare industry is going to have its share of risk factors because the joint staffing model is a very familiar one. “This rule is not coming down in a vacuum. It needs to be viewed against the backdrop of changing staffing models, many of which were accelerated by COVID-19.”

Steve urges providers that use outside labor to begin reviewing their contracts and consider removing extraneous language that shows potential to control a joint employee, particularly if the company never exercises that right.

To read the article visit McKnight’s Long Term Care News and SHRM.