Today in a 3-2 decision, the National Labor Relations Board overruled its 2015 decision in Browning-Ferris Industries. Today’s decision means a return to the pre–Browning Ferris standard for joint-employer liability. Under this standard, two or more entities will be deemed joint employers under the NLRA if there is proof one entity has “exercised control over essential employment terms of another entity’s employees . . . and has done so directly and immediately . . . in a manner that is not limited and routine.” Read the full decision and the Board’s press release here.
Los Angeles Times
- Column: How anti-union southern governors may be violating federal law
- Ben Sachs quoted in a column about the anti-union governors' letter and the fragmentation of labor law; John Fry's post referenced on the question of whether state level card-check bans are preempted by the NLRA.
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