Morgan Lewis partner Philip Miscimarra was quoted in a New York Times article about the National Labor Relations Board’s long-awaited rulemaking decision regarding the joint-employer standard for franchisee or contract workers. “The board clearly has statutory authority to adopt regulations, and rule-making can provide more certainty in this important area for employees, unions and employers,” Phil said in the article. The rule states that evidence of indirect control over essential terms and conditions of employment is probative of joint-employer status, but only to the extent that it supplements and reinforces evidence of direct and immediate control over essential terms and conditions of employment.
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