The National Labor Relations Board (NLRB) has issued a new joint employer rule that goes into effect this December. The NLRB issued a press release summarizing the new rule:

Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are defined exclusively as: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.

The major change under the new rule is that control over the above essential terms and conditions need not be exercised. One business may be determined to be a joint employer of another’s workers even if the right to influence any one of those items is simply reserved in any agreement. This significant step rolls back the regulation to the Obama-era standard that was withdrawn in 2021.

In this webinar, the NACS government relations team and  labor counsels Fisher & Phillips will walk you through what challenges convenience retailers may face with the new NLRB Joint Employer rule, which goes into effect on December 16.  

Steve Bernstein, regional managing partner, and Tami Essis Culkar, of counsel, will lean on their decades of experience in labor law to share with you what your companies should be doing now to prepare for that rule implementation and help prepare you for what the NLRB may be looking to accomplish.  

The webinar takes place on Tuesday, November 14, at 3 p.m. EST. Register for a spot here.