On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring confirmed that the NLRB intends to move forward with rulemaking on the joint employer standard and that a Notice of Proposed Rulemaking will be issued by the summer. Chairman Ring’s response comes only one month after the NLRB announced in May that it was merely considering rulemaking on the issue.
By way of background, the Board’s December 2017 Hy-Brand decision overruled the controversial joint employer standard that was announced in Browning-Ferris Industries, 362 NLRB No. 186 (2015). However, the Hy-Brand case was vacated by the NLRB on February 26, 2018, for an alleged conflict of interest due to Board Member Emanuel’s participation in the case, leaving the Browning-Ferris standard intact.
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