St. Louis Partner Jerry Hunter was quoted May 30 in Bloomberg Law regarding the National Labor Relations Board's (NLRB) plans to update the joint-employer standard via rule-making, a decision contested by Sens. Elizabeth Warren, Bernie Sanders and Kirsten Gillibrand on the grounds that the regulatory process is being abused to favor large corporations on the joint employment issue, as well as to avoid ethics issues. The current decision in place allows businesses in staffing, franchise or other contractual relationships to be tagged as joint employers if they exert indirect control over another company's workers. "There's nothing inappropriate with the board considering rulemaking on the joint employer issue," said Hunter, a former NLRB general counsel. "I think the senators are incorrect in saying that rulemaking is somehow a guise, or scheme to get around adjudication where one member may have a conflict."
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