Our Mission

Learn who we are and how we serve our community

Leadership

Meet our leaders, trustees and team

ICSC Foundation

Support up-and-coming professionals

ICSC Exchange

Catch up on industry ideas, news and views

Research

Check out wide-ranging resources that educate and inspire

Global Public Policy

Learn about the governmental initiatives we support

Events

Connect with other professionals at a local, regional or national event

Professional Development

Grow your skills online, in a class or at an event with expert guidance

Find Members

Access our Member Directory and connect with colleagues

Find Outlets

Get data and contact information for shopping outlets

Talent HQ

Search and post jobs, upload your resume or find qualified candidates

Become a Member

Learn about how to join ICSC and the benefits of membership

Renew Membership

Stay connected with ICSC and continue to receive membership benefits

Global Public Policy

ICSC-Supported “Joint Employer” Bill Passes House

The U.S. House of Representatives passed H.R. 3441, the Save Local Business Act, on November 7 with strong bipartisan support. If passed into law the legislation would restore the previous and narrower definition of a “joint employer” and provide certainty to businesses that utilize contractors. ICSC joined 178 other trade groups on a letter sent to the U.S. House of Representatives in support of this bill. H.R. 3441 has since been referred to the U.S. Senate where the timeline for consideration is unclear.

In the August 2015 Browning Ferris Industries (BFI) decision, the National Labor Relations Board (NLRB) expanded the definition of a “joint employer” causing ICSC members concern about existing contractual relationships between shopping center owners, service providers and tenants .The broadening of what constitutes a “joint employer” means shopping center owners, service providers and tenants throughout the country that rely on contractors and subcontractors may be held liable for the actions of those with whom they contract or the venues in which they operate.

The BFI decision is currently being challenged in the D.C. Circuit Court of Appeals which, if overturned, would restore the previous definition. Additionally, with the confirmation of William Emanuel to the NLRB’s fifth seat there is reason to believe the board could reverse the BFI decision by ruling in favor of the previous definition in a future case. However, both of these scenarios merely provide a temporary solution.

ICSC will continue to encourage the U.S. Senate to consider and pass the Save Local Business Act to permanently clarify the joint employer standard.