On Sept. 6, the NLRB a , which would rescind and replace the ABC-supported 2020 .

ÀÏÅ£Ó°ÊÓplans to submit comments opposing the new proposal, and members are encouraged to do so as well. The deadline for the public to is Nov. 7.

ÀÏÅ£Ó°ÊÓissued the following statement on the new proposed rule on Sept. 6:

“It is unfortunate that the Biden NLRB took an ax to the ABC-supported 2020 NLRB joint employer final rule, which provides clear criteria for companies to apply when determining status,” said Ben Brubeck, ÀÏÅ£Ó°ÊÓvice president of regulatory, labor and state affairs. “Today we see that the partisan NLRB proposes to greatly expand joint-employer liability under the NLRA, which will cause confusion and impose unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry. As a result, contractors may be vulnerable to increased liability, making them less likely to hire subcontractors, most of whom are small businesses.”

As NLRB members Marvin E. Kaplan and John F. Ring , the proposed rule “would not merely return the board to the Browning-Ferris Industries standard but would implement a standard considerably more extreme than BFI.” ÀÏÅ£Ó°ÊÓwas a of the expanded definition of joint employer that was created by the NLRB’s 2015 BFI decision, and has supported legal and legislative efforts to restore the standard that was in place for more than 30 years.

In 2019, ABC  in support of the Trump NLRB’s proposed rule, as did the .

To learn more about the new NLRB proposal, read ÀÏÅ£Ó°ÊÓgeneral counsel Littler’s analysis, .