NWRA Supports NLRB-Proposed Regulation to Clarify Joint-Employer Standard

NWRA Supports NLRB-Proposed Regulation to Clarify Joint-Employer Standard

Proposed Regulation Would Bring Important Regulatory Certainty to Employers

Arlington, VA – Today, the National Waste & Recycling Association (NWRA) filed comments with the National Labor Relations Board (NLRB) in support of its proposed regulation to establish a standard for determinations of joint-employer status.

“We appreciate NLRB’s recognition that the current situation lacks the clarity and consistency that businesses require in order to comply. Safety is the top concern for NWRA and our members. We want every single member of our industry to make it home each day safely, free from injury or fatality. We believe that a clear delineation of employer responsibility as the NLRB proposes in this new rule will help ensure a safe workplace whereas a blanket assumption of joint-employer status can result in confusing and conflicting directives that make employees less, not more, safe,” said NWRA President and CEO Darrell Smith.

The NLRB’s proposed regulation would find an employer may be considered a joint-employer of a separate employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, such as hiring, firing, discipline, supervision and direction; and an employer must possess and actually exercise substantial direct and immediate control over the essential terms and conditions of employment of another employer’s employees in a manner that is not limited and routine.


The National Waste & Recycling Association (NWRA) represents the private sector waste and recycling services industry. Association members conduct business in all 50 states and include companies that manage waste, recycling and medical waste, equipment manufacturers and distributors, and a variety of other service providers. For more information about NWRA, please visit www.wasterecycling.org.

Brandon Wright
National Waste and Recycling Association