Whether a general contractor or subcontractor is a joint employer with another company on a construction project for purposes of the National Labor Relations Act can have significant legal and practical consequences, including, but not limited to, potential union bargaining obligations, liability for unfair labor practices committed by a joint employer, and potential impact on day-to-day operations and costs. The National Labor Relations Board’s standard for determining joint employer status has shifted during the past several years creating uncertainty regarding whether a construction company may be a joint employer with another entity. Recently, the National Labor Relations Board indicated it will pursue formal rulemaking on the proper standard to determine joint employer status. A link to a summary of these recent developments can be found here.