AHA files amicus in case challenging NLRB joint-employer rule

AHA Nov. 20 filed a friend-of-the-court brief in support of the U.S. Chamber of Commerce and others claiming the National Labor Relations Board’s new rule for determining joint-employer status under the National Labor Relations Act violates the Administrative Procedure Act. AHA urged the court to grant the plaintiffs’ motion for summary judgment, set aside the rule and enjoin its application.  
 
“Because hospitals have both a legal and professional duty to control health and safety conditions for everyone working in the hospital environment, the Final Rule could result in virtually every outside contract worker being classified as part of a “joint employment” relationship with the hospital,” AHA wrote. “By expanding the definition of joint employment in such a far-reaching fashion, the Final Rule will penalize hospitals for adopting responsible workplace policies. It will throw a wrench into the complex federal funding schemes that currently pay for patient care. And it will disrupt hospitals’ staffing arrangements, forcing hospitals and contractors into impractical, unnecessary, and costly bargaining. In imposing these burdens, the Final Rule departs from the Board’s longstanding recognition of the unique labor issues that hospitals face, which require tailored regulatory solutions instead of the Final Rule’s one-size-fits-all approach.”