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NLRB Extends Time for Submitting Comments on Proposed Rule Concerning the Joint-Employer Standard

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To allow sufficient time for parties to file initial comments, the National Labor Relations Board (NLRB) has extended the deadline for submitting comments on its proposed rule concerning the standard for determining joint-employer status under the National Labor Relations Act.

Interested parties may now file comments on or before Wednesday, December 7, 2022. Comments replying to the comments submitted during the initial comment period must be received by the Board on or before Wednesday, December 21, 2022. Absent extraordinary circumstances, no further extensions of the comment deadline will be granted.

The Federal Register is expected to announce and publish this extension of time later this week.

Under the proposed rule announced September 6, 2022, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules. The Board proposes to consider both direct evidence of control and evidence of reserved and indirect control over these essential terms and conditions of employment.

Public comments are invited on all aspects of the proposed rule and should be submitted either electronically to, or by mail or hand-delivery to Roxanne Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.