Coalition Comments to the National Labor Relations Board's Proposed Rulemaking on "Standard for Determining Joint-Employer Status"
The Coalition for a Democratic Workplace (“Coalition”) responds to the National Labor Relations Board’s (“Board”) Notice of Proposed Rulemaking (“NPRM”) on “Standard for Determining Joint-Employer Status.” This proposed rule has problems – a lot of problems. Respectfully, the Board should start over or leave the current standard in place. The proposed rule purports to be grounded in common law agency principles but instead presents an illdefined standard for joint employer liability that sinks to the level of an arbitrary and capricious agency action.