Proposed Rule2022-22690

Standard for Determining Joint Employer Status

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
October 19, 2022
Effective
September 7, 2022

Issuing agencies

National Labor Relations Board

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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Indexed from Federal Register on October 19, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.