09.14.18

Ranking Member Scott: NLRB Proposed Rulemaking Would Let Employers Evade Responsibility to Workers

“The NLRB’s proposed change to the joint employer standards will prevent millions of American workers from successfully negotiating for better pay and working conditions.”

WASHINGTON – Ranking Member Bobby Scott (VA-03) issued the following statement after the National Labor Relations Board (NLRB) announced its proposed rulemaking to narrow its standard for determining whether two or more entities are joint employers under the National Labor Relations Act.

“The NLRB’s proposed change to the joint employer standards will prevent millions of American workers from successfully negotiating for better pay and working conditions. Rather than supporting the traditional joint employer test, the Republican-led NLRB is proposing a narrower definition that insulates employers from accountability and will contribute to continued wage stagnation.  

“This attempt to narrow the joint employer standard through rulemaking is inappropriate for multiple reasons. First, it contradicts the will of Congress, which recently considered but failed to adopt legislation that mirrors the proposed rule. And second, this rulemaking proposal is designed to circumvent conflicts of interest raised by the NLRB’s Inspector General and its chief Ethics Official, who concluded that one of President Trump’s appointees could not vote on a recent joint employer case.

“Despite the president’s promise to stand up for the forgotten workers, the Trump administration continues to pursue an aggressive anti-worker agenda that is accelerating a race to the bottom on labor standards. If the Trump NLRB succeeds in changing the joint employer standard, unscrupulous employers will sidestep their duty to bargain with their employees, even while they effectively control their pay and workplace conditions.” 

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