Fisher Phillips Labor Attorney Addresses Proposed Changes to the Joint Employer Standard
Business Insurance quoted Tampa partner Steve Bernstein in two articles recently about the changes ahead, both positive and negative for employers, to the Joint Employer Standard. “The rule of reason is likely to be interjected in the joint employment standard,” he said, speaking to the National Labor Relations Board’s proposal to change the rule. “This is an opportunity to breathe common sense into a rule that previously used concepts like indirect and direct control and potential control,” which are “very vague and hypothetical.” But, as Business Insurance explains in another article quoting Bernstein, a bill that passed the House to codify the principle into law is unlikely to pass the Senate. Employers will likely be left with a rule subject to change when Democrats regain control of the NLRB.