Stanley Niew has operated his own labor and employment law practice in Oak Brook, Illinois, for more than 35 years. Working with employers and trade associations, Stanley Niew often handles issues and offers guidance related to rulings by the National Labor Relations Board (NLRB).

1. NLRB REVISES
STANDARD ON JOINT-
EMPLOYER STATUS
By Stanley Niew

2. Introduction
 Stanley Niew has operated his own labor and
employment law practice in Oak Brook, Illinois, for
more than 35 years. Working with employers and
trade associations, Stanley Niew often handles issues
and offers guidance related to rulings by the National
Labor Relations Board (NLRB).
Recently, the NLRB revised its standard for
establishing joint-employer status, which impacts
companies that use workers from temporary
employment agencies. One of the ways the new
standard determines if companies are joint employers
is by determining how much control the employer has
over the terms and conditions of employment, such as
work schedules, production goals, and drug testing.

3. Joint-Employer Status
 According to a Crain’s Chicago Business article,
the revised standard could lead to a significant
rise in unionization efforts, especially in Chicago’s
thriving warehouse and distribution sector. The
article states that companies have increasingly
used contract and temporary workers in
warehouses to minimize labor expenses. In the
article, experts explain that the NLRB’s new
standard for determining joint-employer status
increases workers’ collective bargaining power
and the probability of successful union drives, and
that could have a strong economic impact on
companies that use staffing agencies.