Attorney General Laxalt opposes new Legal Standard of National Labor Relations Board for Joint-Employer Status

August 11, 2015

Las Vegas, NV – Nevada Attorney General Adam Paul Laxalt and five other state attorneys general sent a letter to the chairman of the National Labor Relations Board (NLRB) opposing the agency’s redefinition of the decades-old legal standard for joint-employer status.

    The NLRB’s new proposed standard would replace the existing clear standard with a vague and unworkable “economic realities” test. The new test would create uncertainty and expose businesses to liability for workers they do not actually employ. This uncertainty would in turn stifle economic growth and business innovation.

      “Redefining the NLRB’s joint-employer legal standard would have a tremendous negative impact on Nevada as well as on all states looking to attract new businesses and create new jobs,” said Laxalt. “Unnecessarily changing this decades-old standard hurts Nevada’s companies, including our small businesses, which could lead to fewer jobs in this state.”

        Under the current standard, a company is not a “joint-employer” unless that company shares direct and immediate control over the terms and conditions of employment with another company. The clarity and certainty provided by the existing law has allowed for the growth of businesses and helped create millions of jobs for workers across the

          In addition to Nevada, the letter was signed by the attorneys general of the following states: Wisconsin, Michigan, South Carolina, Colorado, and Utah.

            To view the letter sent to the NLRB, click here.