News & Analysis as of September 24, 2024

Right to Control

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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 -

Joint Employer Rule: Is Guidance on the Way?

Foley & Lardner LLP on 11/28/2016

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Browning-Ferris: The NLRB Redefines Joint-Employer Status

Obermayer Rebmann Maxwell & Hippel LLP on 10/9/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste...more

The NLRB’s New Joint Employer Standard Creates Confusion and Uncertainty for Employers

Akin Gump Strauss Hauer & Feld LLP on 9/11/2015

If you read one thing... - NLRB outlines new test for determining joint employer relationships though full extent of the implications remain unclear - Two businesses can be joint employers even where there is...more

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

Benesch on 9/8/2015

Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more

NLRB Issues Long-Awaited Joint Employer Decision

Dorsey & Whitney LLP on 9/3/2015

A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more

The Joint Employer Doctrine Strikes Again

Sands Anderson PC on 9/2/2015

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more

NLRB Browning-Ferris Decision Lowers Threshold For Joint Employer Status Under NLRA

Genova Burns LLC on 9/1/2015

On August 27, 2015, in a long-awaited and 3-2 decision, the National Labor Relations Board announced a new, lowered standard for determining whether a business is a joint employer of a work force hired by a separate employer...more

NLRB Expands Joint Employer Coverage

Parker Poe Adams & Bernstein LLP on 8/31/2015

On Thursday, the National Labor Relations Board overturned 30 years of precedent, significantly expanding its definition of joint employer coverage under the NLRA. This decision has wide implications, including possible...more

NLRB Again Upends Long-standing Precedent in Creating Broad New Joint-Employer Standard

Miller Canfield on 8/31/2015

On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more

NLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be...

Mintz - Employment, Labor & Benefits... on 8/28/2015

The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new—very, very broad—definition of joint employment. In Browning-Ferris Industries of...more

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