Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Browning-Ferris

NLRB Publishes Proposed Joint Employer Rule

Posted in NLRB, Rulemaking
On Friday last week, the NLRB (in a 3-1 decision) carried through on its previous announcement and published a notice of proposed rulemaking that would address the hotly contested joint employer issue.  “Joint employer” refers to the question of whether one business can be considered the employer of another business’ employees.  Think of situations like subcontracting,… Continue Reading

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