TRAA Opposes NLRB Proposed Rulemaking on Standard for Determining Joint-Employer Status
On September 7th, the National Labor Relations Board (NLRB) announced notice of proposed rulemaking (NPRM) on the Standard for Determining Joint-Employer Status [NLRB-2022-0001-0001]. The proposal would rescind and replace the final rule entitled “Joint Employer Status Under the National Labor Relations Act,” which was published on February 26, 2020, and took effect on April 27, 2020. The proposed rule would "revise the standard for determining whether two employers, as defined in section 2(2) of the National Labor Relations Act (NLRA or Act), are joint employers of particular employees within the meaning of section 2(3) of the Act. The proposed changes are designed to explicitly ground the joint-employer standard in established common-law agency principles and provide relevant guidance to parties covered by the Act regarding their rights and responsibilities when more than one statutory employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment."
While not directly related to towing and recovery, the proposal could adversely affect those larger organizations in the industry with subsidiary companies or divisions. As such, TRAA has signed-on and submitted comment with the Coalition for a Democratic Workplace in opposition to the changing joint employer rule standard.
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