“The National Labor Relations Board (NLRB) announced this week it is revising its test for determining whether two employers are considered joint employers and are both liable under the National Labor Relations Act.
To be considered a joint employer under the new NLRB rule, an employer must possess and actually exercise substantial direct and immediate control over the essential terms and conditions of employment such as hiring, firing, discipline, supervision and direction. Three years ago, the NLRB adopted a more expansive definition of joint employer that did not require direct control of an employee to be considered a joint employer.”
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