1 National Labor Relations Act: Law & Practice § 2.02

Summary

• [1] Definition and Checklist

   

  The definition of “employer” under the Act starts with the common law definition and then, excludes: the United States; wholly owned Government corporations; Federal Reserve Banks; the individual States; political subdivisions of the individual states; persons subject to the Railway Labor Act; labor organizations (other than when acting as an employer); and anyone acting in the capacity of officer or agent of a labor organization.

  Checklist for Determining Status as Statutory Employer
  • 1.Is the individual or entity a common law employer?Yes □ No □
  • 2.Is the individual or entity excluded from the statutory definition of employer because it is:
    • a.the United States?Yes □ No □
    • b.an individual state?Yes □ No □
    • c.a “wholly owned Government corporation?”
      (see § 2.02[2][a], n.5) Yes □ No □
    • d.political subdivision? (see § 2.02[2][a][i])Yes □ No □
    • e.a private company providing services to a governmental entity?
      (see § 2.02[2][a][ii])Yes □ No □
    • f.a Federal Reserve Bank? (see ...