Standard for Determining Joint Employer Status
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Issuing agencies
Abstract
The National Labor Relations Board ("NLRB" or "Board") published a notice of proposed rulemaking in the Federal Register on September 7, 2022, seeking comments from the public regarding the revision of the standard for determining whether two employers, as defined in section 2(2) of the National Labor Relations Act (NLRA or Act), are joint employers of particular employees within the meaning of section 2(3) of the Act.
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Proposed Rules]
[Page 63465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22690]
[[Page 63465]]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 103
RIN 3142-AA21
Standard for Determining Joint Employer Status
AGENCY: National Labor Relations Board.
ACTION: Notice of proposed rulemaking; extension of comment periods.
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SUMMARY: The National Labor Relations Board (``NLRB'' or ``Board'')
published a notice of proposed rulemaking in the Federal Register on
September 7, 2022, seeking comments from the public regarding the
revision of the standard for determining whether two employers, as
defined in section 2(2) of the National Labor Relations Act (NLRA or
Act), are joint employers of particular employees within the meaning of
section 2(3) of the Act.
DATES: The comment periods for the notice of proposed rulemaking
published September 7, 2022, at 87 FR 54641, are extended. Comments
must be received by the Board on or before December 7, 2022, and reply
comments to the initial comments must be received on or before December
21, 2022.
ADDRESSES: Comments should be submitted electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments may be submitted by mail or hand delivery
to: Roxanne L. Rothschild, Executive Secretary, National Labor
Relations Board, 1015 Half Street SE, Washington, DC 20570-0001.
Because of security precautions, the Board continues to experience
delays in U.S. mail delivery. You should take this into consideration
when preparing to meet the deadline for submitting comments. The Board
encourages electronic filing. It is not necessary to send comments if
they have been filed electronically with <a href="http://regulations.gov">regulations.gov</a>. If you send
comments, the Board recommends that you confirm receipt of your
delivered comments by contacting (202) 273-1940 (this is not a toll-
free number). Individuals with hearing impairments may call 1-866-315-
6572 (TTY/TDD).
Only comments submitted through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, hand
delivered, or mailed will be accepted; ex parte communications received
by the Board will be made part of the rulemaking record and will be
treated as comments only insofar as appropriate. Comments will be
available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
during normal business hours (8:30 a.m. to 5 p.m. EST) at the above
address.
The Board will post, as soon as practicable, all comments received
on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without making any changes to the
comments, including any personal information provided. The website
<a href="https://www.regulations.gov">https://www.regulations.gov</a> is the Federal eRulemaking portal, and all
comments posted there are available and accessible to the public. The
Board requests that comments include full citations or internet links
to any authority relied upon. The Board cautions commenters not to
include personal information such as Social Security numbers, personal
addresses, telephone numbers, and email addresses in their comments, as
such submitted information will become viewable by the public via the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website. It is the commenter's
responsibility to safeguard his or her information. Comments submitted
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> will not include the commenter's
email address unless the commenter chooses to include that information
as part of his or her comment.
FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive
Secretary, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570-0001, (202) 273-1940 (this is not a toll-free
number), 1-866-315-6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The proposed changes are designed to
explicitly ground the joint-employer standard in established common-law
agency principles and provide relevant guidance to parties covered by
the Act regarding their rights and responsibilities when more than one
statutory employer possesses the authority to control or exercises the
power to control particular employees' essential terms and conditions
of employment.
Dated: October 14, 2022.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2022-22690 Filed 10-18-22; 8:45 am]
BILLING CODE 7545-01-P
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