Andrew Elmore and Kate Griffith Urge Reboot of NLRA Joint-Employer Doctrine

Andrew Elmore (’02), Associate Professor at the University of Miami School of Law, and Kate Griffith (’05), Professor at Cornell University - ILR School, coauthored an article for the OnLabor blog proposing amending the National Labor Relations Board joint-employer rule to include industry-specific rebuttable presumptions (“Rebooting Joint-Employer with Presumptions — A Modest Proposal,” July 7). “[H]ere’s the idea. Supplement a general joint-employer rule with rebuttable presumptions tailored to the conditions and practices in particular industries. . . . To design it well, an industry-specific presumption requires knowing a lot about an industry’s actual practices — not just what they write in their contracts, but how they structure their business and labor arrangements overall. . . . [T]his approach isn’t a magic bullet. But if it can make joint-employer doctrine modestly less uncertain and more coherent in the next go-around, it’s worth taking seriously now.”