Many are keeping a lookout for any movement on the National Labor Relations Board (NLRB) change to the joint-employer standard with several prepared to do battle over the proposal. In fact, during the recent “public comment period”, almost 13,000 comments were received by the December 7 submission deadline, a good many of which took aim at the NLRB proposal as vague and unworkable for businesses. Even some business-friendly Senators in the democratic caucus panned the proposal with Senators Manchin (D-WV), Sinema (I-AZ) and Angus King (I-ME) all voicing opposition to expanding the joint employer standard. Furthermore, the Small Business Administration Office of Advocacy filed a comment letter in which SBA opined that the proposed new standard is “too ambiguous and broad, providing no guidance for contracting parties on how to comply or how to avoid liability.” Its letter went on to encourage that the NLRB “reassess the compliance costs of this regulation and consider significant alternatives . . .” You will recall that the NLRB proposal would revert the joint employer standard back to the Obama-era version whereby joint employer status would be established if two or more employers “share or codetermine” key employment conditions like pay, scheduling, workplace safety and disciplinary policies” and rescinding the current standard which requires substantial direct and immediate control. It will be many months before there is a final answer on what the new standard will be, and even then, court challenges are likely!.