No resurrection for Obama’s joint-employer standard

Published March 13, 2018 8:07pm ET



If you’ve been paying attention, you know the National Labor Relations Board’s “joint employer” mandate — and its job-killing consequences for small businesses — has seen a lot of turmoil recently. Now, we’re at it again.

Last December, the NLRB’s Hy-Brand ruling overturned an anti-business Obama mandate that would have put franchisers — such as McDonalds, Pizza Hut, and Subway — on the hook for essentially everything that happens at their independently-owned franchise locations. That seemed to settle the matter for good. But then, the Hy-Brand ruling was vacated last month because of one NLRB member’s alleged conflict of interest. And so, because of a technicality, we may be reverting back to the Obama-era joint employer standard. That makes it all the more important for Congress to act.

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