HR Policy Urges Congress to Overturn NLRB "Joint Employer" Standard

February 17, 2017

The House Education and Workforce Committee held a hearing this week on the National Labor Relations Board, and HR Policy joined with more than 50 employer groups to urge Congress to "enact a permanent legislative solution to joint employer issues that provides certainty to small and large businesses and promotes economic growth and job creation."  The House hearing also focused on the NLRB's ambush election rule.  According to subcommittee Chairman Tim Walberg (R-MI): "We have repeatedly seen the Obama NLRB overturn long-standing labor policies and put in place new policies designed to empower special interests.  It's why the Board adopted an ambush election rule that chills employer free speech, cripples worker free choice, and jeopardizes the privacy of workers and their families."  The business community letter noted that employers "of all sizes are now perpetually exposed to unlimited and unpredictable joint employment liability that is disrupting many business formats.  While the change in administration has generated a corresponding hope that the NLRB will eventually restore the traditional, common sense standard of joint employment liability based on "direct control," the letter calls on Congress to enact a permanent legislative solution to resolve the issue.  The hearing sets the stage for the debate over two labor bills that are expected to be introduced soon in the new Congress.