Schroeder Comments on Proposed New NLRB Rule

Partner Don Schroeder was quoted in a Business Insurance article, “Restoring Previous Joint Employer Standard Could Bring Clarity,” about a proposed National Labor Relations Board ruling that would restore the joint employer status standard that existed prior to the Obama administration, which said that a firm must have “immediate and direct” control over a worker to be considered a joint employer.

Schroeder said the proposed rule would remove much of the uncertainty that the current rule has created for employers. “The proposed rule-making goes to the standard of substantial direction and immediate control, which is consistent with precedent that existed for many years, up until the Browning-Ferris Industries (of California Inc.) decision,” he said.