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Fisher Phillips Attorney Explains the Impetus and Impact of Proposed Joint Employer Rule Change

9.18.18

The National Labor Relations Board (NLRB) is proposing making changes to the Joint Employer rule so that a company must have immediate and direct control over employees in order to be deemed an employer. For details on the political impetus behind the change and the potential impact on employers, HR Executive Magazine sought the expertise of management-side attorney, Steve Bernstein of Fisher Phillips. Bernstein explained that the shift from a Democrat comprised Board to a Republican dominated Board is fueling the Board’s appetite for revisiting the rule. With this revision, the NLRB is trying to bring the rule back to one of “common sense,” Bernstein said. “In a sense, the NLRB is saying they are less concerned with what could happen and more concerned with what is actually happening.”

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