It may have been a long time coming, but the National Labor Relations Board is again moving to correct the egregious 2015 ruling on the joint employer definition. Yesterday, the NLRB released a draft rule that rolls back the new definition of joint employer the agency created in its Browning Ferris decision back in 2015. Under the new draft rule, a joint employer must exercise “substantial, immediate and direct control” over the most important aspects of a franchisees’ employees job, including but not limited to the power to hire and fire for the franchisor to be considered a joint employer, whereas the current standard allows joint employer status if that control is indirect and limited. Once the proposed rule is published in the Federal Register, which it will be today, a general public comment period will be open for 60 days. Comments may be submitted either electronically to or by mail to Roxanne Rothschild, Deputy Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, DC 20570-0001 and we encourage our subscribers to comment in support. Regarding another proposed rule change, the agency has extended the public comment period until October 5 on the question of whether the NLRB should keep or revise the standard in set in the 2014 Purple Communications decision. That ruling allowed for workers to use the email systems of their employers for purposes of union business, up to and including organizing efforts!