Whiplash: How to manage during joint employer uncertainty


By Judd Cohen, Fisher Phillips
January 7, 2019

The standard for determining joint employment status has been in a state of near-constant flux for more than three years. The back-and-forth has subjected employers to much indigestion when trying to determine which employees are considered under their authority, impacting organizing campaigns, unfair labor practice charges, and a host of other workplace issues.

The good news? Both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (USDOL) are interested in settling the joint-employer debate through rulemaking. The bad news? What many believed would be smooth sailing could be headed toward rough tides now that Democrats have seized control of the House of Representatives. It would not be surprising to see the agency efforts caught up in the political turmoil that will descend on the nation’s capital in early 2019, grinding any progress to a halt. What should employers do during this time of uncertainty?

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