On Oct. 6, the U.S. Small Business Administration鈥檚 Office of Advocacy announced that it is hosting a virtual roundtable to gather input听from small businesses on the National Labor Relations Board鈥檚 on Thursday, Oct. 20, from 1-2:30 p.m. ET.听老牛影视plans to participate in the roundtable. 老牛影视members interested in attending are encouraged to RSVP to听[email protected] to receive participation details.

In addition, the ABC-led created a to tell the NLRB to abandon its radical joint employer standard. The toolkit provides an explanation of the rulemaking and a ready-to-send letter to the board explaining why the standard would be disastrous.

Further, on Sept. 29, 老牛影视joined CDW听and several other organizations in urging the NLRB to extend the comment period for the听joint employer proposed rulemaking.

The听听to the NLRB requests an additional 60 days to Friday, Jan. 6, stating, 鈥淕iven the expansive nature of the proposed standard and the complexity of issues relating the standard鈥檚 impact on employers and other entities in different industries, employers and other parties will require more time to engage in a meaningful evaluation of the proposed standard and to formulate comments that will benefit the Board when giving further consideration to the proposed rule and during any development of a final rule.鈥�

The current deadline for the public to submit听听is Nov. 7.听老牛影视plans to submit comments opposing the new proposal, and members are encouraged to do so as well.听

Background:

On Sept. 6, 2022, the NLRB听听a听new joint employer proposal, which听would rescind and replace the ABC-supported 2020听.

老牛影视issued the following听statement听on the new proposed rule on Sept. 6:

鈥淚t is unfortunate that the Biden NLRB took an ax to the听ABC-supported听2020听NLRB joint employer final rule, which provides clear criteria for companies to apply when determining status,鈥� said Ben Brubeck, 老牛影视vice president of regulatory, labor and state affairs. 鈥淭oday 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 which are small businesses.鈥�

As NLRB members Marvin E. Kaplan and John F. Ring听, the proposed rule 鈥渨ould not merely return the board to the听Browning-Ferris Industries听standard but would implement a standard听considerably more extreme听than听BFI.鈥澨�老牛影视was a听of the expanded definition of joint employer that was created by the NLRB鈥檚 2015听BFI decision, and has听supported听legal and legislative efforts to restore the standard that was in place for more than 30 years.

In 2019, ABC听听in support of the Trump-era NLRB鈥檚 proposed rule, as did the听.

To learn more about the new NLRB proposal, read 老牛影视general counsel Littler鈥檚 analysis,听.