In a very recent decision the National Labor Relations Board (Board) held that two separate construction contractors constituted a single employer and a joint employer under labor law. Both entities were, therefore, jointly and severally liable for remedying the unlawful termination of seven employees who had engaged in a strike against one of the contractors. Hy-Brand Industrial Contractors, Ltd and Brandt Construction, Co. 366 NLRB No.94 (2018). At the national level, regulation of commercial drone use is administered by the Federal Aviation Administration (FAA). The FAA’s final rule for small, unmanned aircraft went into effect on August 29, 2016. The FAA has provided a summary of the key operational limitations for drones or unmanned aircraft systems (UAS) which, among others, include the following:
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common ownership;
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common management;
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interrelation of operations; and
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common control of labor relations.
Finding that all four factors were present, the Board held that Hy-Brand and Brandt constituted a single employer and were therefore jointly liable to remedy the unfair labor practices that were committed when the employees were terminated for engaging in the work stoppage.
The Board also held that Hy-Brand and Brandt were joint employers under current labor law. Under current law it is not necessary to show that one of the employing entities exercises actual control over essential terms and conditions of employment of the other entities. It is sufficient to show that one of the entities has the authority to do so.
