Author: Gerrit Brands

AGC of America joined with the U.S. Chamber of Commerce and others in a business coalition lawsuit challenging the National Labor Relations Board’s (NLRB) new joint employer rule. The suit makes clear that the agency exceeded its authority to issue this rule under the National Labor Relations Act and acted in arbitrarily and capriciously in violation of the Administrative Procedures Act. The new rule unlawfully makes it easier for the agency to declare that a company is the joint employer of another company’s workers. It establishes an arbitrary and uncertain standard that threatens chaos and indeterminacy in business and labor relations across major…