The National Labor Relations Board (NLRB) recently published a Notice of Proposed Rulemaking (NPRM) on the joint employer standard, signaling a significant step in the Biden Administration’s long-expected return to Obama-era labor regulations. In a new insight, Labor Policy Analyst Isabella Hindley explains the importance of the NLRB’s action, and considers the administration’s likely next steps on labor-related regulations and the impact of such changes.

Key points:

• The NLRB’s NPRM proposes to rescind and replace the current Joint Employer Standard Under the National Labor Relations Act.
• Replacement of the Trump-era joint employer standard would allow employers to be more easily classified as joint employers, increasing their susceptibility to collective bargaining negotiations and unfair labor practice claims.
• Policy experts expect the Biden Administration to accelerate its efforts to return to Obama-era standards for labor-related issues including apprenticeship programs and worker classification; such changes would have significant impacts on the labor market – both for employers and workers.

Read the analysis