News & Analysis as of

Occupational Safety and Health Administration Browning-Ferris Industries of California Inc.

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2019 #2

Shutdown Stalemate. Today marks day 21 of the partial federal government shutdown. Assuming that no deal is struck today, by tomorrow the shutdown will be the longest in our nation’s history....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June, 2018 #3

Our Washington Capitals fever is breaking here in D.C. but not before local area legislators introduced a resolution in the House of Representatives congratulating the team on their recent Stanley Cup victory. No surprise...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What the Spring 2018 Regulatory Agenda Reveals About Future Labor and Employment Policy

On May 9, 2018, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Equal Employment Opportunity Commission (EEOC) released their spring 2018 regulatory agendas. There were a few...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2018 Omnibus Funding Bill Keeps Government Open, Minus the Critical Joint-Employer Rider

On March 23, 2018, the last day before a potential government shutdown, Congress passed and the president is expected to sign a massive $1.3 trillion omnibus spending bill to fund the federal government through fiscal year...more

Bradley Arant Boult Cummings LLP

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Conn Maciel Carey LLP

Employment Law and OSHA Concerns with Temps, Contractors, and Joint- and Multi- Employer Sites

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Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more

Littler

Workplace Policy Institute Insider Report — June 2016

Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The June edition of the Insider Report highlights recent federal...more

Best Best & Krieger LLP

Best in Law: New Joint-Employer Standards Pose Threat to Businesses

For decades, business owners throughout the country have run through a checklist of labor laws and regulations they need to follow to maintain a productive workplace and avoid liability. Originally published in The...more

Maynard Nexsen

Joint Employment Challenges Continue in 2016

Maynard Nexsen on

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Faegre Drinker Biddle & Reath LLP

Early Returns: Browning-Ferris and the Expanding Employment Relationship

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

Jaburg Wilk

The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

Jaburg Wilk on

It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors. After all, it is a...more

Adams and Reese LLP

Recordkeeping and Reporting Post-BFI

Adams and Reese LLP on

In a prior OSHA Bulletin, we wrote about the National Labor Relations Board’s decision in the case of Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business...more

Epstein Becker & Green

Five Evolving Issues Confronting Employers in the Hospitality Industry

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As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

Sherman & Howard L.L.C.

Is your Company a “Joint-Employer” under OSHA?

On August 27, the Board issued a blockbuster decision holding that Browning-Ferris Industries of California was a “joint-employer” of the workers supplied by its temporary staffing agency, Leadpoint Business Service. The...more

Bond Schoeneck & King PLLC

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

Adams and Reese LLP

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

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For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling

Around the same time the National Labor Relations Board (NLRB) issued its controversial and precedent-shattering decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, a franchise...more

Alston & Bird

Back to the Future? The NLRB Clouds the Waters of Joint Employment

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In a landmark decision overturning 30 years of established precedent, the National Labor Relations Board (NLRB) has expanded the definition of “joint employment” for purposes of assessing joint-employer status under the...more

Seyfarth Shaw LLP

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

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The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...more

FordHarrison

NLRB Adopts New Broader Joint-Employer Standard

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On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

Littler

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

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