AGC Calls on Congress to Clarify Joint Employer Definition

This week, AGC joined a coalition effort to clear up confusion surrounding the many legislative definitions for “joint employer” in the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).
Late last year, the House approved AGC-backed legislation that restores the joint employer standard that existed prior to the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris Industries decision. That decision broadened the definition of joint employer from those that share direct control over terms and conditions of employment to those with indirect control.
Since that time, the NLRB restored the “direct and immediate control” standard for joint employment in a December decision, and under the FLSA there are as many as eight different federal circuit court definitions of “joint employment.” The Supreme Court recently decline to hear a case that would have paved the way for a judicial solution. AGC is urging Congress to enact a permanent solution that locks in a sensible definition for “joint employer.”
For more information, contact Jim Young at youngj@agc.org or (202) 547-0133.


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