The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29, 2020) (B-F II).
The NLRB held that the Obama-era NLRB’s 2015 decision that overruled 30 years of NLRB precedent…
Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have…
John Ring, NLRB Chairman, has sent a five-page letter to several members of Congress in response to their request for the NLRB to withdraw its Notice of Proposed Rulemaking on the joint-employer standard.
Continue Reading NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking on Joint Employment
In a long-awaited decision, the D.C. Circuit Court of Appeals has upheld the controversial joint-employer standard articulated by the National Labor Relations Board in its 2015 Browning-Ferris decision. Browning-Ferris Industries of Calif., Inc. v. NLRB, D.C. Cir., No. 16-1028, 12/28/18.
The Court held that the Board properly considered both the putative employer’s reserved right…
The National Labor Relations Board has once again extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act, this time to January 14, 2019. Replies to comments submitted during the initial comment period must be received by the Board on or before…
The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The notice will be published on Friday, September 14. The proposed rule will adopt the pre-Browning-Ferris standard for determining if two or more employers are joint employers of employees.
The…
New NLRB Chairman John Ring has stated that the Board intends to use rulemaking to create a new joint employer standard.
The statement was in response to a May 29 letter from Democratic Senators Elizabeth Warren, Kirsten Gillibrand, and Bernie Sanders that harshly questioned whether the agency planned to use rulemaking to create a new…
The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the Board’s filing in the Unified Agenda of Federal Regulatory and Deregulatory Actions.
The current standard is set forth in Browning-Ferris Industries, 362 NLRB No.…
The Senate Health, Education, Labor and Pensions (HELP) Committee has confirmed Republican John Ring to the National Labor Relations Board by a 12-11 vote. The next step is a vote by the full Senate.
The Board is currently composed of two Democratic and two Republican appointees. If Ring is confirmed by the full Senate, the…
The drama involving the National Labor Relations Board’s precedent-busting 2015 joint employer decision continues.
Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), dramatically changed the playing field for employers who rely on nontraditional workforces. The NLRB transformed its prior joint employment standard in Browning-Ferris into a two-part test that permits a finding…
