In an attempt to counter the recent decision by the National Labor Relations Board that broadened the definition of “joint employer”, (link to our blog describing it), Senator Lamar Alexander (R-Tenn.) and Representative John Kline (R-Minn) are sponsoring a bill introducing the “Protecting Local Business Opportunity Act” (H.R.3459). This act proposes to add language to Section 2(2) of the National Labor Relations Act by adding the following sentence at the end of the section: “Notwithstanding any other provisions of this Act, two or more employers may be considered joint employers for purposes of this Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.”
This is a move to return to the standard for the determination of whether an entity is a “joint employer” that existed before the NLRB ruling. Clearly, any potential success this bill may have will depend upon the direction of the political winds over the next year. And the saga continues….