The National Labor Relations Board seal
The National Labor Relations Board seal

The National Labor Relations Board said Tuesday that it would extend by one month the deadline for people to submit comments regarding its proposed rulemaking concerning the standard for determining “joint employer” status under the National Labor Relations Act.

The deadline for comments formerly was Nov. 13 but now is Dec. 13. Those who wish to comment on the comments have until Dec. 20 to do so.

Under the proposed rule,  senior living operator or other employer would be defined as a “joint employer” of another company’s workers only if it “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”

The current standard holds that a company must exhibit only the potential to exert control over terms and conditions of employment, rather than have “direct and immediate” control as had been the previous standard, to be considered responsible for decisions related to worker wages and working conditions, including labor law violations.

The definition is thought to apply to senior living operators that use temporary or contract workers as well as operators that have franchises, among others.

The board extended the deadline in response to requests from Rep. Robert C. Scott (D-VA), Sen. Patty Murray (D-WA) and several labor organizations, although all had asked for a 60-day extension, NLRB Acting Executive Secretary Roxanne L. Rothschild said. The lawakers had requested public hearings, too.

The notice of proposed rulemaking was published Sept. 14 in the Federal Register.Comments can be submitted electronically to or by mail or hand-delivery to: Roxanne Rothschild, Acting Executive Secretary, National Labor Relations Board, 1015 Half St. S.E., Washington, DC, 20570-0001.