The National Labor Relations Board (NLRB) extended the comment period on Tuesday for a proposed standard for determining joint-employer status under the National Labor Relations Act. The comment period was extended from 60 days to 90 days, now ending on December 13, 2018.

The extension came after the NLRB received requests from Representative Robert C. Scott and Senator Patty Murray to extend the comment period by 60 days and to hold a public hearing. Labor organizations, including the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), also requested an extension of 60 days. The request for a public hearing was denied.

The proposed rule seeks to define an employer as a joint-employer only if:

the two employers share or codetermine the employees’ essential terms and conditions of employment, such as hiring, firing, discipline, supervision, and direction. A putative joint employer must possess and actually exercise substantial direct and immediate control over the employees’ essential terms and conditions of employment in a manner that is not limited and routine.

The NLRB is seeking comments about experiences in working in environments with joint employers. It is also seeking comments related to potential benefits and harms of the proposed rule. The NLRB seeks comments related to how the current common law approaches the classification of joint employers.