<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=1557350231232256&amp;ev=PageView&amp;noscript=1">

Browning-Ferris's Expected Shakeup Didn't Go Quite As Expected

 

The National Labor Relations Board revised its definition of a joint employer in 2015, leading to a host of concerns from various businesses fearing expanding liability. The decision, commonly known as Browning-Ferris, survived multiple appeals and concerted lobbying of Congress. In the wake of the 2016 election, the revised joint employer rule seemed doomed, as the new administration seemed certain to revert to the old rule, considered friendlier to business owners.

Risk Management Is Still A Top Priority, Regardless Of Your Joint Employer Status

In September of 2017, Republicans gained a majority of seats on the National Labor Relations Board. After several months spent relatively quietly, the National Labor Relations Board overturned or reversed a host of decisions and regulations in the first few weeks of December. All the reversals focused on Obama-era policies only in place for a few years.

Government Definition Of Joint Employer Leaving Many Businesses And Workers Wondering What Is Next

 

A series of decisions from the National Labor Relations Board in the past few years relating to determining who qualified as a joint employer had worried many companies across the country. Most notably, in a case involving Browning-Ferris Industries, the Board had promulgated a new test for defining the joint employer relationship that had the potential to increase significantly the liability of companies that contracted out labor or staffing to third party companies.  Businesses protested the change while labor groups celebrated.

Browning- Ferris Update: Are Joint Employers Going To Wait It Out For A New NLRB?

August 2016, the National Labor Relations Board issued its decision in the Browning-Ferris case. That decision significantly revised the National Labor Relations Board test for determining who constituted an employer in joint employment situations. The NLRB returned to an older test that looked at both direct and indirect test control over the terms of employment instead of just direct and immediate control.

NLRB And The Unionization Of Joint Employees

 

On July 11, 2016, the National Labor Relations Board issued its most recent decision further continuing its expansion of joint employer liability.  In Miller & Anderson, Inc., the NLRB addressed the issue of employer consent in relation to union formation when the union would involve both sole employees and joint employees. The Board found that where an appropriate community of interest exists between the sole and joint employees, the potential union does not need employer consent.

4 Things You Need To Know About Wage & Hour Laws In 2016

New regulations from the Department of Labor are expected to significantly increase the number of lawsuits arising from wage and hour claims. 

Classifying Joint Employment As Either: Horizontal Joint Employment Or Vertical Joint Employment

Continuing a trend from the National Labor Relations Board and several state courts, the US Labor Department issued new guidance regarding joint employer liability on Wednesday, January 20, 2016.  Companies face a number of exposures as it relates to the status of employees: these can range from unionization regulations as controlled by the NLRB, to minimum wage and overtime laws controlled by the US Department of Labor under the Fair Labor Standards Act, and even including discrimination claims under the Civil Rights Act often litigated in court.  Rules for who constitutes an employee can differ significantly depending on the employee rights sought.  The US Labor Department often uses a more expansive definition of employee than the National Labor Relations Board or the Occupational Safety and Health Administration, for example.
Read More About The Growing Liability Of Joint Employment Here

The Growing Liability For Joint Employers

 

Recently, labor advocates have won a many key victories in the field of joint employer liability.  Under the old rules and laws, employers could shield themselves from liability on some key issues by using placement firms to hire and manage temporary workers. Issues such as discrimination, taxation, and fair labor standards were left to these agencies while the company could focus instead on core competencies. 

NLRB Changes Definition of Joint Employer

 

On Thursday, August 27, 2015, the National Labor Relations Board (NLRB) issued a decision with far-reaching implications for companies that do business with contractors and franchisees.