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Browning-Ferris Industries of California Inc.

Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Here We Go Again: Browning-Ferris Revisited

As a result of recent activity at the D.C. Circuit and the National Labor Relations Board (the “NLRB”), the joint employer standard is in a state of flux. On April 6, 2018, the D.C. Circuit decided that it will review the...more

An End to the McDonald’s Joint Employer NLRB Litigation

by Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Beltway Buzz - March, 2018 #5

It’s spring recess in D.C., and the Senate and House will be off for two weeks. While the recess means lighter traffic, it doesn’t mean that the labor and employment policy machine grinds to a halt....more

Intellectual Property and Technology News (North America), Issue 37, Q1 2018

by DLA Piper on

In this issue, we also take a look at some of 2017’s top franchise cases, provide an overview of the European Union’s trade secret directive and give a preview of our latest handbook, “Private LTE Networks: A New User’s...more

Key Takeaways from the NLRB’s Flip-Flop on Joint Employment Standards

by K&L Gates LLP on

The National Labor Relation Board’s (“NLRB’s” or “Board’s”) standards for determining joint employment are in flux. In Browning-Ferris Industries, the Obama-era Board overturned three decades of precedent that limited joint...more

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

N.L.R.B. “Joint” Disarray – Why That Matters to Manufacturers

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.” Recent events at the National Labor Relations Board call that apt quote to mind. ...more

Working Wise: Recent Developments at the NLRB

by K&L Gates LLP on

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

Top Five Labor Law Developments For February 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more

Joint Employer Standard: Whiplash!

by Akerman LLP - HR Defense on

In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

NLRB Vacates Joint Employer Decision Based on Possible Conflict

Earlier this year, EmployNews reported that the National Labor Relations Board had reversed its controversial 2015 Browning-Ferris decision, which set a new standard for joint employer liability for labor law violations. In...more

NLRB Vacates Hy-Brand Decision

by Steptoe & Johnson PLLC on

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more

Browning-Ferris Back In The Spotlight … And At The Court Of Appeals?

by Jackson Lewis P.C. on

The drama involving the National Labor Relations Board’s precedent-busting 2015 joint employer decision continues. Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), dramatically changed the playing...more

Beltway Buzz - March, 2018

NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). ...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

by Hogan Lovells on

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

NLRB Gives Browning-Ferris a Stay of Execution

by Stinson Leonard Street on

On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

The National Labor Relation Board Vacates Its Recent Joint Employment Ruling

by Clark Hill PLC on

The National Labor Relations Board recently vacated its December 2017 decision in Hy-Brand Industrial Contractors, Ltd., which limited joint employer liability for affiliated businesses. By vacating the Hy-Brand decision,...more

NLRB Vacates Hy-Brand Joint Employer Decision

by Miller Canfield on

The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more

Not Out of the Woods Yet: NLRB Vacates Employer-Friendly Joint Employer Standard

by Miles & Stockbridge P.C. on

During the brief period in late 2017 when there was a 3-2 Republican majority on the National Labor Relations Board, the Board issued a few decisions undoing some of the most union- or employee-friendly decisions of the...more

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

by Pepper Hamilton LLP on

Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

NLRB: Changing Winds Blow in Favor of Health Care Employers

by Foley & Lardner LLP on

The Trump administration’s mark is certainly evident at the National Labor Relations Board (NLRB) and health care employers are breathing a sigh of relief. The NLRB is a five member Board that decides cases governing most...more

NLRB Joint Employer Whiplash

by FordHarrison on

The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

by Dickinson Wright on

As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

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