[20171115]LSB10030_联合就业和拯救当地商业法案.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Joint Employment and the Save Local Business Act November 15, 2017 Note: H.R. 3441, the Save Local Business Act, was passed by the House of Representatives on November 7, 2017 by a vote of 242-181. Since it was decided in 2015, the National Labor Relations Boards (NLRBs) joint employer decision, Browning-Ferris Industries of California, has been opposed by many in the business community. In Browning-Ferris, a majority of the NLRBs five members concluded that two or more entities would be considered to be joint employers of a single work force if they are employers under common law and if they share or codetermine matters governing the employees essential terms and conditions of employment. Notably, the NLRB indicated that joint employer status could be established even if an entity does not exercise direct control over employment matters, and its control is indirect or reserved by contract. Shortly after Browning-Ferris was issued, the U.S. Chamber of Commerce criticized the decision for “expanding the universe of potential employers who can be targeted by the NLRB, unions, and the plaintiffs