NLRB Issues Final Joint Employer Rule. On
February 26, the NLRB published its final rule governing joint employer status
under the National Labor Relations Act. The rule states that
"Under this final rule, an entity may be considered a joint
employer of a separate employer's employees only if the two
share or codetermine the employees' essential terms and
conditions of employment, which are exclusively defined as wages,
benefits, hours of work, hiring, discharge, discipline, supervision
and direction." Note that indirect control can be a
"relevant consideration" for finding joint employer
status under the final rule, but only "insofar as it
supplements and reinforces evidence of direct and immediate control
over essential terms and conditions of employment." See pp.
14-19 of linked document for discussion. The rule is effective
April 27, 2020. See NLRB announcement generally for more information. Seyfarth
recently issued an in-depth review of recent developments
at the Board overall which you should find useful
and will be releasing a detailed review of the new joint
employer rule shortly--stay tuned.
While DOL's Joint Employer Rule Comes Under
Attack. Earlier this week, a coalition of Democratic
attorneys general filed suit in New York federal court to enjoin
the Department of Labor's final rulemaking on the joint
employer issue, which is scheduled to take effect on March 16. In
their complaint, the states argue, among other things, that
DOL's rule "provid[es] a de facto exemption from joint
employment liability for businesses that outsource certain
employment responsibilities to third parties."
Sexual Harassment Training Required for NYC Independent
Contractors. The New York City Commission on Human Rights
amended its guidance concerning the annual anti-sexual harassment
training requirement under the Stop Sexual Harassment in NYC Act.
The guidance now states that companies either train independent
contractors or ensure independent contractors have otherwise
completed the required training. For more, see Seyfarth's Legal Update.
Apprentices Back on the Agenda on the Hill. Next
week, a subcommittee of the House Education and Labor Committee
plans to address apprenticeships at a hearing titled "Reauthorizing the National Apprenticeship Act:
Strengthening and Growing Apprenticeships for the 21st
Century." Witnesses have not yet been announced.
OFCCP Announces Interactive Learning Program for Federal
Contractors. This week, the Office of Federal Contract
Compliance Programs (OFCCP) announced the Contractor Compliance Institute
(CCI), which it describes as "an interactive learning
management system designed to educate employers with federal
contracts and subcontracts on how to comply with OFCCP's Equal
Employment Opportunity (EEO) regulations."
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