Submission of Public Comment
The Employment Law Alliance (ELA), of which Shawe Rosenthal LLP is the Maryland member, submitted its comment to the National Labor Relations Board’s Notice of Proposed Rulemaking regarding the definition of joint employers. Parker E. Thoeni is a contributing author of the ELA comment, which discusses the practical implications of the proposed rule, as well as the ELA’s view on the Board’s use of the rulemaking process. The ELA generally supports the Board’s efforts to utilize the notice and comment process in this instance in clarifying the joint employer standard. However, the ELA cautions the Board that due to the incredibly fact-specific nature of labor-management disputes, the rulemaking process is unlikely to be appropriate for general application in the future. Additionally, the ELA notes that in this instance, there are application-specific concerns for most entities, which the Board may wish to consider prior to implementation of the proposed Rule.