Virtual Labor Roundtable – October 20, 2022
Office of Advocacy
Virtual Labor Roundtable
October 20, 2022, 1 – 2:30 p.m. (ET)
Virtual Roundtable to discuss the NLRB’s Proposed Rule on Joint-Employer Status
The Office of Advocacy will host a roundtable to discuss the National Labor Relations Board’s proposed rule that would amend the standard for determining joint-employer status under the National Labor Relations Act. The roundtable will take place on October 20, 2022, from 1-2:30 p.m. (ET). Roundtable participation details will be provided upon receipt of RSVP.
RSVPs should be sent to Janis.Reyes@sba.gov. The purpose of the roundtable is to gather specific small entity input and presentations on the proposed rule.
1:00 p.m. – 1:05 p.m. Introductory Remarks
Janis Reyes, Assistant Chief Counsel, SBA Office of Advocacy
1:05 p.m. – 1:20 p.m. Briefing on NLRB’s Joint-Employer Proposed Rule
Andrew Krafts, Chief of Staff, NLRB
Fred Jacob, Solicitor, NLRB
1:20 p.m. – 2:30 p.m. Input from Interested Small Entity Stakeholders
Presentations made during this roundtable will not substitute for written comments directly from interested parties to the NLRB. Advocacy strongly encourages small entities to provide both oral presentations during the roundtable and written comments to the rulemaking docket. Written comments on this proposed rule are due on November 7. Comments replying to comments submitted during the initial comment must be received by November 21, 2022.
Roundtable meetings are open to all interested persons, except the press, in order to facilitate an open and frank discussion about issues of interest to small business. Agendas and presentations are available to all, including the press. Anyone who would like to receive roundtable agendas or presentations, or be included in the regular distribution, should contact email@example.com. The purpose of these roundtable meetings is to exchange opinions, facts, and information and to obtain the attendees’ individual views and opinions regarding regulatory and policy issues affecting small business. The meetings are not intended to communicate or achieve any consensus positions of the attendees.
NLRB Proposes Rule To Expand Standard For Determining Joint-Employer Status
On September 7, 2022, the National Labor Relations Board (NLRB) proposed a rule expanding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). This rule rescinds a 2020 final rule that set the definition of joint employer as an employer that exercises substantial direct and immediate control over the essential terms and conditions of employment. The Board proposes to expand the definition of joint-employer status to include those that have indirect control over workers, and “share or codetermine those matters governing at least one of the employees’ essential terms and conditions of employment.” The NLRB has identified the following types of small businesses or entities most likely to be impacted by this rule: contractors/subcontractors, temporary help service suppliers and users, franchisees, and labor unions.
Comments on this proposed rule are due on November 7, 2022. Comments replying to comments submitted during the initial comment period must be received by the Board on or before November 21, 2022.