LANSING – Michigan Attorney General Dana Nessel joined a coalition of 18 attorneys general, led by California, the District of Columbia, New York, and Pennsylvania, in a comment letter urging swift action on a new federal proposal aimed at better protecting workers and ensuring greater accountability in the workplace.
In the comment letter, the coalition strongly supports the National Labor Relations Board’s (NLRB) proposed rule regarding standards for determining whether an entity qualifies as a joint employer, i.e., a secondary employer who shares or codetermines matters governing the essential terms and conditions of employment. Even where they are not the direct employer, joint employers are subject to liability for violations of labor laws. The NLRB’s current proposal would rescind and replace a 2020 final rule that took effect during the Trump Administration, which unlawfully shielded companies from liability and exposed millions of workers to harmful and unfair labor practices. In contrast, the current proposal seeks to ensure all controlling companies are accountable and returns the joint employer standard to one that better reflects contemporary employment relationships in the 21st century.
"The previous rule regarding joint employers was not only contrary to the common-law understanding of these types of employers, it was also unnecessarily limiting to workers' abilities to redress grievances," Nessel said. "Our labor laws should reflect the reality of...
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