Today, the NLRB issued two landmark cases reversing precedent on the Board’s test for work rules and joint employment. In The Boeing Company, 365 NLRB No. 154, the Board reversed a 2004 decision that prior Boards used to find unlawful “a large number of common-sense work rules and requirements that most people would reasonably expect every employer to maintain.” In Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156, the Board overruled the Browning-Ferris joint-employment test and returned to requiring direct control over essential terms and conditions of employment before it will find joint employment status.
House Republicans recently introduced H.R. 3441, a bill that aims to clarify and narrow the definition of “joint employer” under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).
The bill proposes the following uniform definition: