NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. The rule states that "Under this final rule, an entity may be considered a joint employer of a separate employer's employees only if the two share or codetermine the employees' essential terms and conditions of employment, which are exclusively defined as wages, benefits, hours of work, hiring, discharge, discipline, supervision and direction." Note that indirect control can be a "relevant consideration" for finding joint employer status under the final rule, but only "insofar as it supplements and reinforces evidence of direct and immediate control over essential terms and conditions of employment." See pp. 14-19 of linked document for discussion. The rule is effective April 27, 2020. See NLRB announcement generally for more information. Seyfarth recently issued an in-depth review of recent developments at the Board overall which you should find useful and will be releasing a detailed review of the new joint employer rule shortly--stay tuned.

While DOL's Joint Employer Rule Comes Under Attack. Earlier this week, a coalition of Democratic attorneys general filed suit in New York federal court to enjoin the Department of Labor's final rulemaking on the joint employer issue, which is scheduled to take effect on March 16. In their complaint, the states argue, among other things, that DOL's rule "provid[es] a de facto exemption from joint employment liability for businesses that outsource certain employment responsibilities to third parties."

Sexual Harassment Training Required for NYC Independent Contractors. The New York City Commission on Human Rights amended its guidance concerning the annual anti-sexual harassment training requirement under the Stop Sexual Harassment in NYC Act. The guidance now states that companies either train independent contractors or ensure independent contractors have otherwise completed the required training. For more, see Seyfarth's Legal Update.

Apprentices Back on the Agenda on the Hill. Next week, a subcommittee of the House Education and Labor Committee plans to address apprenticeships at a hearing titled "Reauthorizing the National Apprenticeship Act: Strengthening and Growing Apprenticeships for the 21st Century." Witnesses have not yet been announced.

OFCCP Announces Interactive Learning Program for Federal Contractors. This week, the Office of Federal Contract Compliance Programs (OFCCP) announced the Contractor Compliance Institute (CCI), which it describes as "an interactive learning management system designed to educate employers with federal contracts and subcontracts on how to comply with OFCCP's Equal Employment Opportunity (EEO) regulations."

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