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Showing 2 posts in Joint Control.

The NLRB Rings in the New Year by Unringing a Few Bells

January 18, 2018 by Evan J. Bonnett

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the more notable developments: More ›

In Victory for Employers, NLRB Overrules Browning-Ferris Joint Employment Test

December 19, 2017 by Thaddeus A. Harrell

On December 14, 2017, the National Labor Relations Board (Board) overruled the standard for joint employment set forth in Browning-Ferris and returned to longstanding, prior principles governing the determination of joint-employer status. With a new majority, the Board held “joint-employer status shall once again require proof that putative joint employer entities have exercised joint control over essential employment terms (rather than merely having “reserved” the right to exercise control); the control must be “direct and immediate” (rather than indirect), and joint-employer status will not result from control that is “limited and routine.”  The Board made clear it intended to align the determination of joint-employer status with the holdings of numerous federal and state courts. Although finding Browning-Ferris well-intentioned, the Board identified five fundamental flaws that warranted reversal. The Board’s decision is being widely viewed as a victory for employers as it removes ambiguities related to control and clarifies the standard for determining joint employment. More ›

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