With apologies (and props) to the great Yogi Berra, it’s deja vu all over again at the National Labor Relations Board.  The Board has extended the commenting period on its proposed joint employer rulemaking for a second time. Comments to the proposed rule may now be submitted until January 14, 2019. And the Board will accept replies to comments submitted in the original comment period through January 22, 2019.

We have blogged about this important issue to the franchise community twice before. The new rule would overrule the Browning-Ferris decision that eliminated the “direct and immediate” control requirement before an entity could be considered to be an employer. We have also noted, in comments submitted by our own Tami McKnew, that the proposed rule needs to be clarified so that the valid policing of licensed trademark rights would not be considered to be the act of an employer.

We encourage you, if you have not already, to make your voice be heard on this important proposed rulemaking by the NLRB.