In this episode of Employment Law This Week, Epstein Becker Green attorneys Erin E. Schaefer and Jeffrey H. Ruzal provide insights on the NLRB and DOL regulations, examining what these developments mean for employers.

Key Takeaways

• NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board’s (NLRB’s) rule, a company is a joint employer only if it exercises substantial, direct, and immediate control over at least one of an employee’s key employment terms.
• Employer Liability Outlook: The risk of joint-employer liability is lower without direct involvement in core employment decisions.
• DOL Proposes New Independent Contractor Rule: The U.S. Department of Labor’s (DOL’s) new proposal revives the 2021 standard, emphasizing economic realities and the actual practices of the parties rather than just the contractual agreements.

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