Prior to the 2015 Browning Ferris NLRB decision, two companies could only be considered a joint employer of workers if they shared or co-determined matters that governed an employee's terms and conditions of employment, she said. That could include hiring, pay, benefits and discipline, among other factors. "The law at the time said you must actually exercise the control over that group of employees to be considered a joint employer," she said. With the latest rule, however, those standards are much broader by comparison, she said.
Those who were not considered joint employers before could now find themselves in collective bargaining agreements and liable for unfair labor practices, Ryan said. The new rule could affect the relationship between franchisors and franchisees, hotel owners and third-party managers, hotel operators and staffing agencies — and potentially more — depending on their business contracts, she said. For more about how the new joint-employer standard could affect the hotel industry, listen to the podcast above, and subscribe to the Hotel News Now podcast on Apple, Spotify or wherever you find podcasts.
