Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: joint employer

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

New Developments on the Joint Employer Standard

Posted in NLRB, Rulemaking
The NLRB intends to publish a notice of proposed rulemaking on the joint employer issue sometime this summer.  The NLRB had previously announced its intent to consider rulemaking on this issue, and our prior post on the subject explains in detail the background of the issue for those who are unfamiliar. The disclosure came in… Continue Reading

NLRB May Issue Rule on Joint Employer Standard

Posted in NLRB, Rulemaking
The NLRB today published a notice that it was considering issuing a proposed rule on joint employer status.  “Joint employer” refers to the question of whether one business can be considered the employer of another business’ employees. This question has been a hot topic for many years.  It was at issue in the Obama NLRB’s much… 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

NLRB Decision Provides Example of New Joint Employer Standard in Action

Posted in Elections, Union Organizing
Last week, the NLRB released an opinion finding joint employment status under the standard it retooled in the Browning-Ferris Industries (“BFI”) case in 2015.  At issue was a petition from the Laborer’s Union to hold an election to form a bargaining unit covering asbestos removal workers.  The Union argued that these workers were jointly employed… Continue Reading

NLRB Reverses Course (Again) on Bargaining Units that Include Temporary Employees

Posted in Union Organizing
Last week, the NLRB issued a widely anticipated decision reversing the existing rule on collective bargaining units including temporary employees. Now, regular employees of the employer and temporary staffing agency employees working for the same employer could be combined in the same bargaining unit without either the employer’s or the staffing agency’s consent. The decision… Continue Reading

Top 5 Labor Law Developments of 2015

Posted in NLRB
2015 is over; 2016 has just begun.  So, what were the top developments in labor law in the past 12 months?  And, what should be at the top of the list for labor professionals to keep an eye on in 2016?  I will share some thoughts on these two questions over the course of the… Continue Reading

It’s All About Control: NLRB Expands Key Joint Employer Rule

Posted in NLRB, Union Organizing
The NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision (pdf), the NLRB rolled back nearly thirty years of case law to “restate” its joint employer standard.  The result:  a far more expansive test that is centered firmly on the question of control — even indirect or… Continue Reading