EMA Submits Comments On Federal Joint Employer Proposed Rule
Last week, EMA submitted comments on the National Labor Relations Board’s Notice of Proposed Rulemaking regarding the Standard for Determining Joint Employer Status.
EMA urged the Board to withdraw its NPRM, because the proposed definition is too broad and too vague to be workable in practice, including for the energy marketing companies.
EMA argued that a functional joint employer standard must be clearly defined to require direct control to be exercised over a worker’s essential terms and conditions of employment.
Unfortunately, the open-ended nature of the Board’s proposed definition of “essential terms and conditions of employment” is much too vague and unclear to enable companies, including energy marketers, to conduct a proper evaluation of their business practices with an eye towards a possible determination of joint employer status with their contractual partners.
EMA urged the NLRB to leave in place its 2020 final rule.