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National Labor Relations Board › Browning-Ferris Industries of California Inc. › Corporate Counsel

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Jackson Lewis P.C.

Top Five Labor Law Developments for December 2021

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1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more

Proskauer - Labor Relations Update

NLRB Plans to Revise Joint Employer Standard Once Again

Proskauer - Labor Relations Update on

On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

INTRODUCTION - In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more

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

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

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Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

Benesch

NLRB Gives Employers Two Big Gifts This December

Benesch on

Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more

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

No Fooling: DOL Announces Joint-Employer Proposal

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On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA)....more

Constangy, Brooks, Smith & Prophete, LLP

D.C. Circuit Decision On “Joint Employment” Standard Clarifies Little

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On December 28, the majority of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit for the most part upheld an expansive “joint employment” standard adopted by the National Labor Relations...more

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

Exacerbating Uncertainty: D.C. Circuit Issues Confusing Browning-Ferris Decision

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On December 28, 2018, the D.C. Circuit issued its long-awaited decision regarding the National Labor Relations Board’s (NLRB) 2015 decision in Browning-Ferris Industries. Rather than bring clarity to the uncertainty and...more

Seyfarth Shaw LLP

D.C. Circuit Invalidates NLRB’s Browning-Ferris Joint Employer Test

Seyfarth Shaw LLP on

On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor...more

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

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

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

On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another...more

Sheppard Mullin Richter & Hampton LLP

NLRB Confirms That It Intends To Proceed With Rulemaking On Joint Employer Standard

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On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring...more

Proskauer - Labor Relations Update

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

Proskauer - Labor Relations Update on

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

Fisher Phillips

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma

Fisher Phillips on

In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more

Seyfarth Shaw LLP

The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard

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Seyfarth Synopsis: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

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On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Jackson Lewis P.C.

NLRB Vacates Hy-Brand Joint Employer Decision Following Inspector General Report

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In a surprising reversal, the NLRB on February 26, 2018, vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017), and restored the Board’s union-friendly joint employer test set forth in...more

Holland & Knight LLP

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

Holland & Knight LLP on

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

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

NLRB Reverses Controversial BFI Joint Employer Standard

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

Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more

Sheppard Mullin Richter & Hampton LLP

NLRB Overrules Browning-Ferris Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on

On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more

Jackson Lewis P.C.

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

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The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial...more

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Best Best & Krieger LLP

CNN Joint-Employer Appeal Goes Against NLRB; Employers Embrace Decision, But Issue Remains Unresolved

Best Best & Krieger LLP on

The National Labor Relations Board suffered a minor blow to its effort to expand its joint employer standard when the U.S. Court of Appeals for the District of Columbia Circuit declined to enforce the Board’s decision in CNN...more

Littler

House Hearing Explores Legislative Remedy to Joint Employer Confusion

Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Jackson Lewis P.C.

NLRB’s New Joint Employer Standard Receives Chilly Reception During Court of Appeals Hearing

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The National Labor Relations Board’s new, expanded “joint employer” standard faced sharp criticism during oral argument at the United States Court of Appeals for the District of Columbia Circuit. In Browning-Ferris,...more

Jackson Lewis P.C.

NLRB Joint Employer Case Will Be Heard by Federal Appeals Court on March 9

Jackson Lewis P.C. on

Oral argument on Browning-Ferris Industries of California, Inc.’s appeal seeking to overturn the National Labor Relations Board’s landmark joint employer decision, Browning-Ferris Industries of California, Inc., 362 NLRB No....more

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