October 25, 2018


Newly proposed “joint-employer” standard would allow companies to abuse subcontractors and low-wage workers, skirt labor and employment laws

Newton, MA – With nearly a fifth of jobs in the American workforce filled by a contracted employee, Congressman Joe Kennedy III today raised significant concerns with the National Labor Relations Board’s proposal to loosen an employer’s obligation to its workers.

In a letter to NLRB Chairman John Ring, Kennedy wrote that the Administration’s proposed ‘joint-employer’ rule would allow franchisors to evade labor laws and give companies incentive to hire independent contractors or through temporary staffing agencies in an effort to avoid obligations to guaranteed benefits, fair wages and workplace safety.

“Workers continue to lose clout, benefits, protections and rights in an economy increasingly tilted towards our nation’s largest, most powerful corporations. Under the Trump Administration’s proposed joint-employer rule, countless employees would not be protected from businesses attempting to skirt labor and employment laws. If the NLRB is committed to defending American workers from dangerous business practices, they will immediately reject this rule and force this Administration to restore the existing joint-employer standard.”

The current joint-employer standard was affirmed by the NLRB in 2015 in the Browning-Ferris case which stated that companies with indirect control or authority over jointly employed workers can be held liable for labor and employment law violations. President Trump’s NLRB previously tried to overturn that standard in 2017 but was forced to vacate their ruling after NLRB board member, William Emanuel, was found to have violated federal ethics rules.

Congressman Kennedy’s letter today cites additional concerns that Mr. Emanuel remains involved in the rule-making process despite his conflicts of interest. To read the full letter, please click here.


For Immediate Release:
October 25, 2018 

Dan Black (202) 225-5931