White Paper

3 Pages
  • 3 Pages

The Shifting Sands of the Joint Employer Test


Change is coming.

In a recent release regarding a new proposed rule, the NLRB is indicating yet a further adjustment to the joint employer test. This crucial issue has recently been going through some flip-flop by the board which is leaving employees in uncertain territory. This white paper reviews what is happening with joint employer tests as we know it. 



J. Evan Gibbs

Troutman Pepper Hamilton Sanders, LLP

Evan Gibbs is an associate in the Atlanta office of Troutman Sanders. Evan litigates cases at the forefront of the nation’s most pressing contemporary civil rights issues throughout the U.S., but primarily in the deep south. Evan has handled cases involving sexual and gender-based harassment, gay and transgender rights, and race discrimination, among others. He’s also handled investigations into allegations of improper conduct by executives and elected officials. Evan has been interviewed by various news media outlets on these issues and the #MeToo movement, including NBC New York, The Los Angeles Daily News, BuzzFeed News, and others. Evan also litigates trade secret and restrictive covenant matters, including the case resulting in the first published decision in Georgia interpreting the recently-enacted federal Defend Trade Secrets Act. With this background, Evan is frequently asked to prepare and assess employment agreements for executives and other high-level employees throughout the U.S.

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