News & Analysis as of

Right to Control Unfair Labor Practices

Ervin Cohen & Jessup LLP

NLRB Issues Rule Expanding Definition of Joint Employer

The National Labor Relations Board recently issued a final rule broadening who may be considered a joint employer of another employer’s employees under the National Labor Relations Act....more

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Obermayer Rebmann Maxwell & Hippel LLP

Browning-Ferris: The NLRB Redefines Joint-Employer Status

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

Benesch

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

Benesch on

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

Benesch

Franchise arrangements pose legal problem for NLRB’s proposed joint-employer standard

Benesch on

The National Labor Relations Board’s general counsel, who is recommending that the Board dramatically alter the joint-employer doctrine, admitted that his proposal may run into “a problem legally” when it comes to...more

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