December 4, 2017 – Human Resource Executive Online quotes Sherman & Howard Labor attorney, Patrick Scully, in the article “Tightening Joint Employer Status.” The House passed Bill 3441, the Save Local Business Act, in early December that requires proof that an employer had direct control in order to be liable as a joint employer. Patrick says that Bill 3441 “addresses and corrects” the NLRB’s expansive and vague definition of joint employer by requiring evidence of direct control.

“Direct control is the only standard that provides any rational guidance to employers attempting to comply with the Act,” Patrick says. “This bill would not help employers evade liability, as companies could still be held separately liable for violations of either law.”

“Tightening Joint-Employer Status,” Human Resource Executive Online. December 4, 2017.