Here we go again.

The NLRB – as expected – proposes to again change its joint-employer rule so that two companies may be held to be joint employers when one's control over the other's workers is indirect rather than direct, or is simply reserved and not exercised.

[Text of proposed rule]

The rule just bounces back and forth depending on which political party has been able to appoint NLRB Members.

Under the Republicans, in order to find a joint employer relationship one company had to be directly and immediately exercising control over the wages, hours, and working conditions of another company’s employees.

Now the Democrats have their turn, and plan to expand the rule so it includes situations where the control is indirect rather than direct, and even when the right to control is reserved but not actually exercised.

Comments on this proposed rule must be received by the NLRB on or before November 7, 2022. Comments replying to comments submitted during the initial comment period must be received by the Board on or before November 21, 2022.