Tag Archives: Browning-Ferris Industries

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. The subpoenas arose out of the investigation of several unfair labor practice charges filed by a union against the companies, alleging … Continue Reading

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

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, the Board created a broad new standard for determining whether two entities are joint employers. The case involved Browning Ferris Industries of California, Inc. … Continue Reading

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … Continue Reading

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

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. 186 (Aug. 27, 2015), has been scheduled for March 9, 2017, by the U.S.  Court of Appeals for the District of Columbia Circuit. The Browning-Ferris decision … Continue Reading

NLRB Finds Joint Employers Despite Speculative Future Relationship

Taking its new joint employer standard to new heights, the NLRB found that Retro, a construction company, and Green JobWorks, a temporary staffing agency, are joint employers based on speculative future projects. Retro Environmental, Inc./Green JobWorks, LLC, 364 NLRB No. 70 (Aug. 16, 2016). A year ago, in Browning-Ferris, 362 NLRB No. 186 (Aug. 27, … Continue Reading

NLRB Overrules Precedent, Holds Bargaining Units Combining Jointly- and Solely-Employed Employees Okay Without Consent

The National Labor Relations Board has decided that bargaining units combining employees who are jointly employed by a user employer and supplier employer and solely employed by the user employer do not require the consent of either employer. In so doing, the NLRB overturned its 2004 decision in Oakwood Care Center, 343 NLRB 659. Miller … Continue Reading

Employer Attacks NLRB’s New Joint Employer Standard on All Fronts in Court Brief

Browning-Ferris Industries of California, Inc. took its first shot at convincing the U.S. Court of Appeals for the District of Columbia Circuit to reject the National Labor Relations Board’s new joint employer standard and vacate two decisions that obligate the company to bargain with the Teamsters as a joint employer of temporary employees assigned to … Continue Reading

New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply to Georgia Workers’ Compensation Code. The Act goes into effect on January 1, 2017. The Georgia … Continue Reading

Doubling Down: NLRB Joint Employer Standard Under Dual Review

Whether the National Labor Relations Board’s recently articulated joint employer standard can withstand judicial scrutiny is about to be tested. Browning Ferris Industries of California has filed a petition for review (in the United States Court of Appeals for the District of Columbia Circuit) of the NLRB’s bargaining order, asking the Court to deny enforcement … Continue Reading

Browning-Ferris Appeals ‘Joint Employer’ Decision to U.S. Court of Appeals

Browning-Ferris Industries of California, Inc. (“BFI”) has asked the U.S. Court of Appeals for the D.C. Circuit to review the National Labor Relations Board’s January 20, 2016 decision that it, a waste management company, and Leadpoint Business Services, Inc. (“Leadpoint”), a staffing agency that provided employees to BFI, were joint employers of those employees under … Continue Reading

Labor Department Joins Joint-Employer Controversy with Interpretation of Fair Labor Standards Act

The U.S. Department of Labor’s Wage and Hour Division has issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act taking a broad view of joint employment. To read about the DOL’s interpretation, click here. This fuels the fire ignited by the National Labor Relations Board’s broad new standard for determining joint-employer … Continue Reading

NLRB Joint-Employer Decision Moves Closer to Review by Circuit Court of Appeals

The NLRB’s landmark Browning-Ferris Industries of California, Inc. decision, creating a new joint employer standard, has taken another step toward judicial review in a U.S. Circuit Court of Appeals. On August 27, 2015, the Board found that Browning-Ferris and Leadpoint Business Services were joint employers of certain workers that BFI subcontracted from Leadpoint. After an … Continue Reading

Union Seeks Labor Board Review of Regional Director’s Adverse Joint Employer Decision

In Green JobWorks LLC/ACECO, LLC, No. 05-RC-154596 (Oct. 21, 2015), discussed here, a case believed to be the first post-Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), to apply the new joint employer “test” articulated there, a National Labor Relations Board Regional Director found that a subcontractor and temporary staffing agency … Continue Reading

Subcontractor, Temporary Staffing Agency not Joint Employers, NLRB Regional Director Decides

An NLRB case involving the construction industry provides insight into how the agency’s new joint employer standard may be applied. The Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), provided that “the initial inquiry [under the Board’s new joint employer standard] is whether there is a common-law employment … Continue Reading

Drug and Alcohol Testing May Contribute to Joint Employer Finding By NLRB

We have written previously about the National Labor Relation Board’s 3-2 decision in Browning-Ferris of California, Inc., 362 NLRB No. 186 (August 27, 2015), increasing the likelihood the Board may find two employers to be “joint employers,” and thereby share many collective bargaining responsibilities as well as liability for each other’s violations of the National … Continue Reading

Teamsters Take Aim at Browning-Ferris Successor While Congress Entertains Legislative Roll Back Efforts

In a previous post, we reported on Browning-Ferris Industries of California Inc., 362 NLRB No. 186 (2015), a landmark National Labor Relations Board decision that established a new “test” for the NLRB to apply when determining joint employer status under the National Labor Relations Act. Browning-Ferris (BFI) operated a waste recycling facility and subcontracted employees … Continue Reading

NLRB’s New Joint Employer Standard Faces First Legislative Challenge

Two days after returning from a scheduled congressional recess, senior Republican lawmakers introduced the first legislative challenge to the NLRB’s new joint employer standard, which was handed down last month in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). The Board’s decision in Browning-Ferris makes a sweeping departure from 30 years … Continue Reading

NLRB Issues New Standard for Determining Joint Employer Status

As expected, the National Labor Relations Board has adopted a new standard for determining whether two employers are joint employers for purposes of collective bargaining. Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). In the 3-2 decision (Members Miscimarra and Johnson dissenting), the NLRB held: We will no longer require that a … Continue Reading

New Texas Law Says Franchisors, with Exception, Not Employers of Franchisees’ Workers

The Texas Labor Code has been amended to provide that a franchisor is not considered an employer for claims related to employment discrimination, wage payment, the Texas Minimum Wage Act, and the Texas Workers’ Compensation Act, among other laws. According to S.B. 652, this is so unless the franchisor has been found by a state … Continue Reading

Congressmen Ask NLRB General Counsel to Explain ‘Joint-Employer’ Comments

Three Republican Congressmen – Senators Lamar Alexander (R-Tenn.) and Ron Johnson (R-Wis.), and Representative John Kline (R-Minn.) — have requested National Labor Relations Board General Counsel Richard Griffin to explain joint-employer comments he made at an October 24, 2014 labor conference urging the NLRB to adopt a more liberal joint-employer standard. Griffin has issued several … Continue Reading

Franchisor-Franchisee Relationship Focus of NLRB General Counsel

The National Labor Relations Board Office of the General Counsel has announced it has issued more than a dozen unfair labor practice complaints against McDonald’s franchisees and McDonald’s USA, LLC, as joint employers.  The complaints allege that McDonald’s USA, LLC and certain franchisees violated the rights of employees working at McDonald’s restaurants at various locations … Continue Reading

Expect NLRB Whirlwind before Schiffer Leaves

Hold on for the National Labor Relations Board’s version of the popular Disneyland attraction, Mr. Toad’s Wild Ride. With NLRB Member Nancy Schiffer’s term ending on December 16, 2014, expect a flurry of important NLRB activity similar to that which attended the expiration of former-NLRB Member Brian Hayes’ term on December 16, 2012. Among the … Continue Reading
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