News & Analysis as of

Browning-Ferris Industries of California Inc.

Top Five Labor Law Developments For December 2017

by Jackson Lewis P.C. on

1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

Joint Employer Standard Relaxed – For Now

by Akerman LLP - HR Defense on

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

NLRB Rules Joint Employer Test Hinges On Control Over Employment Terms

by Fox Rothschild LLP on

The National Labor Relations Board has ruled that the test for determining whether a joint employer relationship exists hinges on whether the entities have “direct and immediate control” over employment terms. In doing so,...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

NLRB Reverses Obama-Era Joint Employer Test

by Foley & Lardner LLP on

Over the course of one afternoon, the National Labor Relations Board (NLRB) issued two significant decisions that together overturned several of the Obama administration’s most polemic legal positions under the National Labor...more

Reversed! NLRB Overrules Browning-Ferris Decision And Returns To Prior Joint Employment Standard

On December 14, 2017, the new Republican majority at the National Labor Relations Board (the “Board”) overturned a controversial Obama-era decision regarding joint employment. The Board’s 3-2 decision in Hy-Brand...more

FRANCHISOR 101: NLRB: Out With the New

by Lewitt Hackman on

On December 14, 2017, the National Labor Relations Board (Board) in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) expressly overruled the divisive joint-employer standard adopted by Browning-Ferris...more

Labor Board Returns To Pre-2015 Joint Employer Standard

by Jackson Lewis P.C. on

In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in...more

NLRB Issues a Flurry of Decisions Overturning Employee-Friendly Board Law

by Foley Hoag LLP on

On December 14 and 15, 2017, the National Labor Relations Board issued several decisions rejecting employee-friendly rules previously adopted by the Board. The decisions, which address Obama-era Board rules on employer...more

National Labor Relations Board Issues Three Key Decisions Employers Should Review for the New Year

by Cozen O'Connor on

The National Labor Relations Board issued a flurry of decisions last week making drastic changes in labor law from the previous administration’s Board. These decisions all reflect a new era at the Board and likely foreshadow...more

NLRB Reverses Browning-Ferris and Re-Establishes More Limited Standard for Determining Joint Employer Status

by Hirschfeld Kraemer LLP on

On December 14, 2017, the National Labor Relations Board (the “NLRB” or “Board”) decided Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”), reversing its 2015 decision in Browning-Ferris...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Employment Flash - December 2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

New Republican Controlled NLRB Overrules Four Major Decisions

Earlier this year, President Trump appointed (and the Senate confirmed) two new Republican members of the National Labor Relations Board (Board) - Marvin E. Kaplan and William J. Emanuel. Together with Republican Member...more

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

by Cozen O'Connor on

Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

by Steptoe & Johnson PLLC on

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

NLRB’s New General Counsel Signals Major Policy Changes Are On The Way

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB Rolls Back Expansive “Joint Employer” Standard

by Barley Snyder on

In a 3-2 vote along party lines, the Republican-appointed National Labor Relations Board members overruled the joint employer standard set during the Obama era. The vote reverts to a more stringent test under which employers...more

Executive Labor Summary - November / December 2017

News & Analysis- Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule Miscimarra is...more

Alas, Browning-Ferris, We Barely Knew You: NLRB Rejects Its Own Recently Adopted Joint-Employer Test

Last week, the National Labor Relations Board announced that it will no longer use the Browning-Ferris joint-employer test. If you don’t have a union, why should you care? This is the test that many courts consider when...more

NLRB Overrules Browning-Ferris Joint-Employer Test and Reinstates the Prior Standard for Joint Employment

by Womble Bond Dickinson on

On December 14, 2017, the National Labor Relations Board (“NLRB”) voted 3-2 to overrule its own August 2015 decision in Browning-Ferris Industries. Browning-Ferris had overturned the long-standing test of joint employment and...more

NLRB reverses course on joint employers and employee handbooks

by McAfee & Taft on

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more

An Early Holiday Gift to Employers: Newly Constituted NLRB Overturns Two Pro-Employee Decisions

by Pepper Hamilton LLP on

On December 14, the Republican-majority National Labor Relations Board (NLRB) issued two employer-friendly decisions that reversed pro-employee rulings. In each 3-2 decision, the two Democratic members of the NLRB — Mark...more

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