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B-331913 1 (2020-03-11)

handle is hein.gao/gaobaeavp0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-331913 March 11, 2020 The Honorable Lamar Alexander Chairman The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Robert C. Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: National Labor Relations Board: Joint Employer Status Under the National Labor Relations Act Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the National Labor Relations Board (NLRB) entitled Joint Employer Status Under the National Labor Relations Act (RIN: 3142-AA13). We received the rule on February 26, 2020. It was published in the Federal Register as a final rule on February 26, 2020. 85 Fed. Reg. 11184. The stated effective date of the rule is April 27, 2020. NLRB issued this final rule for the purpose of carrying out the provisions of the National Labor Relations Act (NLRA) by establishing the standard for determining whether two employers, as defined in section 2(2) of the Act, are a joint employer under NLRA. 29 U.S.C. §§ 151-169. According to NLRB, this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby enhancing labor-management stability, the promotion of which is one of the principal purposes of the Act. 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. More specifically, according to NLRB, to be deemed a joint employer under this final rule, an entity must possess and actually exercise substantial direct and immediate control over essential terms and conditions of employment of another employer's employees.

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