09/18/2018

Brad Williams Quoted in HR Daily Advisor Article on the NLRB's Proposed Rule on Joint Employment

Brad Williams, an attorney in Holland & Hart’s labor and employment practice group, was quoted in HR Daily Advisor’s Sept. 17 article entitled, “NLRB Takes Next Step Toward Employer-Friendly Rule on Joint Employment.” The article discusses the National Labor Relations Board’s (NLRB) Sept. 14 Notice of Proposed Rulemaking regarding the appropriate standard for determining “joint employment” between related companies, such as franchisors and franchisees. The new rule aims to return to a more employer-friendly standard than has been in place recently.

“The NLRB’s proposed rule is good news for employers,” Williams says. “It effectively restores the Board’s historical test for determining joint-employer status.” On the decision to use rulemaking, rather than case law, to resolve this issue, he adds, “the Board’s decision to revise this test through rulemaking rather than decisional law is somewhat unusual but reflects the vicissitudes of the Board’s recent decision making on this issue.” He also notes that “[r]ulemaking is also more adept at defining universal standards, rather than the fact-specific standards that often emerge from individual cases.”

Williams litigates labor and employment disputes on behalf of employers before administrative agencies and state and federal courts. He protects clients’ immediate and long-term business interests through compelling advocacy and strategic negotiation. In addition to his employment-related work, Williams arbitrates labor grievances, defends unfair labor practice charges, and counsels employers on traditional labor law matters.

To read the full article, click here.

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