The National Labor Relations Board has announced that, in light of the partial government shutdown, the public may submit comments on the proposed joint-employer rulemaking by email to Comments also may be submitted by mail, electronically through the NLRB’s website, or by hand-delivery. The deadline to submit comments in any form remains on or before January 28, 2019, and any reply to the public comments must be received by the NLRB on or before February 11, 2019.

The Notice of Proposed Rulemaking, dated September 14, 2018, “provides that an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine. Indirect influence and contractual reservations of authority would no longer be sufficient to establish a joint employer relationship.”

In announcing the proposed rule in September 2018, Board Chairman John Ring stated, “I look forward to receiving the public’s comments and to working with my colleagues to promulgate a final rule that clarifies the joint-employer standard in a way that promotes meaningful collective bargaining and advances the purposes of the Act.”

Although the NLRB initially invited public comments on all aspects of the proposed rule for 60 days from September 14, 2018, the Board has extended this period several times, now through January 28, 2019.

Jackson Lewis is available to assist your organization in preparing public comments.