The Joint-Employer Dance Continues: the NLRB’s Most-Recent Twist to the Judiciary’s Less-Recent Turn

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Source: LexBlog
By Andrew Cleves and Frank Ward Labor and Employment Group
January 22, 2019

Feel like the government shutdown has reduced news coming out of the federal administrative agencies? If so, January 17, 2019 likely provided a spark to your week. Last Thursday, National Labor Relations Board (“NLRB”) Chairman John Ring issued a letter which served as the most-recent move in the NLRB’s joint employer dance.

Given the D.C. Circuit’s decision, the House Democrats argued that the NLRB should withdraw its proposed joint employer rule and apply the Browning-Ferris standard.

However, in his January 17 letter, Chairman Ring resoundingly rejected the House Democrats’ arguments. In particular, Chairman Ring asserted that:

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