Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Browning-Ferris

NLRB Drops More Demanding Joint Employer Test . . . For Now

Posted in NLRB
On Monday, the NLRB vacated its decision in Hy-Brand Industry Contractors.  As we discussed on this blog in December, the Hy-Brand decision adopted a more demanding test for determining when multiple employers are considered joint employers. Monday’s decision comes on the heels of a report from the NLRB’s Office of the Inspector General (“OIG”). The… Continue Reading

NLRB Returns to a More Demanding Joint Employer Test

Posted in NLRB
Yesterday, the NLRB overruled the Obama-era Browning-Ferris Industries decision and returned to an older, more demanding test for determining when multiple employers are joint employers. First, a little history.  For a long time, employers could only be considered “joint employers” if they each exercised direct and immediate control over employees.  Joint employers can be liable… Continue Reading