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n a 3-2 decision in a case not directly related to the remodeling industry, but with broad implications for franchise and dealer networks, the National Labor Relations Board (NLRB) refned its standard for determining joint-employer status. Te revised standard is designed "to better efectuate the purposes of the Act in the current economic landscape," the ruling stated. "With more than 2.87 million of the nation's workers employed through temporary agencies in August 2015," a statement from the NLRB said, "the Board held that its previous joint-employer standard has failed to keep pace with changes in the workplace and economic circumstances." In the decision, the NLRB ruled that two or more entities are joint employers of a single workforce if they are both employers as defned by common law and they "share or codetermine essential terms and con- ditions of employment." In evaluating whether an employer possesses sufcient control over employees to qualify as a joint employer, the Board will — among other factors — consider whether an employ- er has exercised control over terms and conditions of employment indirectly through an intermediary, or whether it has reserved the authority to do so. Te reaction from the business world was swift. "Before this de- cision, if a frm did not exercise authority over the employees of its subcontractors, then it was not counted as an employer," notes Diana Furchgott-Roth, an analyst with economic policy think tank e21 at the Manhattan Institute. "Now the NLRB is saying that if a frm just possesses the authority to control its subcontractor's employees — even if it does not use this authority — then it is a joint employer." In its decision, the Board found that Browning Ferris Industries was a joint employer with Leadpoint, a company that supplied employees to BFI to perform various work functions for BFI. | Franchise and Dealer Networks Could Be Joint Employer of Thousands REGULATORY I Continued on page 12 NEWS NARI Accepting Entries for 2016 CotY Awards Entries are now being accepted for NARI's 2016 National Contractor of the Year (CotY) Awards. The awards are available to NARI member contractors in good standing and will be judged on projects fnished between Dec. 1, 2013, and Nov. 30, 2015. Early bird pricing deadline is Nov. 2. Visit nari.org/industry/ recognition/coty for more information. IBS Registration Opens The National Association of Home Builders ofcially opened online regis- tration for the 2016 NAHB International Builders' Show. The 2016 show, to be held in Las Vegas, Jan. 19-21, is part of the third annual Design & Construction Week, a co-location of IBS with the National Kitchen & Bath Association's Kitchen & Bath Industry Show. DCW 2016 will also include two partner events: The International Window Coverings Expo and The International Surface Event. While the shows remain separate and distinct, all IBS registrants will have access to the exhibit foors of all of the shows held as part of Design & Construction Week. During September, IBS registrants can take advantage of several registration discounts. For a full list of oferings, visit BuildersShow.com/fees. Register by visiting the show's website at BuildersShow.com. NAHB UPDATE New Lead Paint Legislation, Alternatives to Test Kit Flaws Responding to ongoing concerns from NAHB and afliated trade groups, com- panion legislation to H.R. 2398, which would make much-needed improve- ments to the Lead Renovation, Repair and Painting (LRRP) rule, was reintro- duced in the U.S. Senate in August. Both bills would reinstate the opt-out provi- sion to allow homeowners without small children or pregnant women residing in the home to decide whether to require LRRP compliance, allow remodelers to correct paperwork errors without facing full penalties and provide an exemption for emergency renovations. They would also eliminate the requirement that recertifcation training be "hands on," so that certifed remodelers would no lon- ger have to travel to training facilities out of their region for refresher training. As a follow-up to NAHB testimony before the Environmental Protection Agency (EPA) on June 4 regarding the lack of an afordable, reliable lead paint test kit, NAHB submitted comments to the agency in July reinforcing the need for action to address the shortcomings in the LRRP program. NAHB also identifed a number of ways to fx it. For example, EPA could limit the scope of housing stock covered by the regulation to homes built before 1960, which have a great- er likelihood of containing lead-based paint or revisit the opt-out provision as described in the legislation above. The clock is ticking once again on lead paint refresher training. Up to 380,000 LeadSafe Certifed Renovators gained additional time to complete lead paint refresher training, after the EPA IN BRIEF 10 September 2015 QR QualifiedRemodeler.com