Advocate for Entrepreneurs Supports New NLRB Rulemaking to Fix “Corrosive” Joint Employer Standard

By at 14 May, 2018, 4:15 pm


Washington, D.C. – The nation’s leading advocate for entrepreneurs is voicing strong support for a new rulemaking to address the confusion and harm of the Obama-era “joint employer” standard.  The National Labor Relations Board (NLRB) is considering a new rulemaking, which Small Business & Entrepreneurship Council (SBE Council) president & CEO Karen Kerrigan said is a welcome development in light of the uncertainty and harm the current standard – and expansion of joint employer liability – have imposed on small businesses, the franchise industry, entrepreneurship and business opportunity in general.

“It’s time to end the confusion and harm to small businesses that is being caused by the lack of a clear and practical joint employer standard. The vague and harmful standard is undermining entrepreneurship and economic dynamism.  We will encourage the NLRB and Chairman John Ring to move forward with this needed rulemaking,” said Kerrigan.

Kerrigan noted that the U.S. House passed the bipartisan “Save Local Business Act” (H.R. 3441) in November of last year, which would reinstate the longstanding definition of what constitutes a joint employer.  The U.S. Senate has yet to act on the legislation.  Kerrigan said that action by Congress to fix the corrosive standard remains a priority for SBE Council, as they engage with the NLRB on the potential rulemaking.

“Chairman Ring is absolutely correct in his assessment that the vague and expansive joint employer definition is harming job creation and risk-taking. SBE Council and our members look forward to engaging with the NLRB on this critical issue and providing input to positively advance the rulemaking,” Kerrigan added.

Related Content:

Coalition Letter to U.S. Senate Leaders: Stabilizing the Definition of Joint Employer  – Pass the “Save Local Business Act,” February 2018.

Advocate for Entrepreneurs Praises House Passage of “Save Local Businesses Act,” February 2018.

Save Local Business Act Provides Needed Fix for Small Businesses, Small Business Insider blog post, August 2017.


Karen Kerrigan,,


SBE Council is a nonpartisan, nonprofit advocacy, research and education organization that works to protect small business and promote entrepreneurship. For nearly 25 years SBE Council has worked to successfully implement a range of policy and private sector initiatives to strengthen the ecosystem for startups and small business growth. To learn more, visit SBE Council’s website: Follow on Twitter: @SBECouncil





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