Comments in Response to the National Labor Relations Board’s Proposed Rule: Standard for Determining Joint-Employer Status

COMMENTS SUMMARY

On September 7, 2022, the National Labor Relations Board (“NLRB” or “Board”) published a notice and request for comments on its proposed rule in the Federal Register that rescinds and replaces the existing rule on the standard for determining joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). This submission represents the views of the New Civil Liberties Alliance (“NCLA”) and the Institute for the American Worker (“I4AW”).

NCLA and I4AW oppose the proposed rule because it defines employment more broadly than permitted by the NLRA’s common-law standard; is arbitrary and capricious under the Administrative Procedure Act (“APA”); and would inflict economic harm, especially on small businesses.