Mark Moldenhauer to Speak at Associated Builders and Contractors Meeting

November 18, 2015

By: Mark A. Moldenhauer

What Construction Employers Need To Know About The NLRB’s New “Joint Employer” Standard

Holiday Inn Buffalo Airport, 4600 Genesee Street
7:30 - 8 a.m. Registration & Breakfast Buffet
8 - 9 a.m. NLRB Update

Presented by Attorney Mark Moldenhauer of Bond, Schoeneck and King

In its recent Browning Ferris Industries decision, the National Labor Relations Board overhauled its longstanding test for determining joint-employer status. The new test could significantly impact the relationship between developers, contractors and their workers. At the very least, it will force companies to reconsider the way they manage employees on a jobsite.

Under the Board’s new rule, two or more entities will be considered joint employers of the same employees if they “share or codetermine” matters affecting terms and conditions of employment. Actual or di-rect control of the employee is no longer necessary; “reserved” or indirect control may be enough. As a result, contract terms granting an owner, developer or general contractor some high-level authority over a subcontractor’s employees could lead to a ruling that a “joint-employment relationship” exists, conferred certain employment obligations upon the owner, developer or GC in relation to the subcontractor’s employees.

This program will discuss the Board’s Browning Ferris decision and its potential impact upon construction industry employers.