STRATEGIC PARTNERS

NLRB Reinstitutes the Browning-Ferris Joint Employer Standard - For Now (March 28, 2018)

When the National Labor Relations Board (“NLRB”) expanded its definition of “joint employer” in 2015 to include companies that share some direct or indirect control over other companies’ employees, many businesses were understandably concerned that they could become
partly or wholly responsible for individuals previously considered to be other companies’ employees. This new joint employer standard, established in the NLRB’s decision
Browning-Ferris Industries of California, Inc., 362 N.L.R.B. No. 186 (Aug. 27, 2015) (“Browning-Ferris”), seemed to be here to stay, as it was cited extensively by the NLRB and adopted by federal district courts.

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