On September 14, 2018, the National Labor Relations Board (NLRB) released a proposed rulemaking that will help companies across the cold chain by creating a more reliable and workable “joint employer” standard.  The action was taken to address concerns resulting from changes to the joint employer standard made under the Obama Administration.

The proposed rule is intended to promote predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby promoting labor-management stability. Under the proposal, a joint employer relationship will be defined as one where employers “possess and actually exercise substantial direct and immediate control” over employees conditions of employment such as hiring, firing, discipline, and supervision. The proposed policy would provide a more appropriate approach to determine joint employer status.

Published September 18, 2018.