McKnight’s Senior Living October 27, 2023
The new joint-employer standard released Thursday by the National Labor Relations Board will present greater risk for employers that contract with services providers, “creating greater liability for the actions of others,” according to senior living experts.
The NLRB said its new joint-employer standard reflects a “legally correct” return to common-law principles, and a “practical approach” to ensuring employers respect their bargaining obligations. But senior living experts said it is complex and represents a “significant departure” from current law.
“This rule moves from a 2020 rule that set out a simplified determination of ‘joint employer’ status to one that significantly expands the standard, making it easier to establish an entity’s status as a joint employer,” Jeanne McGlynn Delgado, American Seniors Housing...
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