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Joint employers are required to negotiate with any union representing the jointly employed workers and share liability for National Labor Relations Act violations. According to the NLRB’s August ruling, joint employer liability can be imposed when an entity has “indirect” control and “unexercised potential” of control over another entity’s employees. However, for 30 years before this ruling entities were designated joint employers when both had “direct and immediate” control over “essential terms and conditions of employment."
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