Jon Weinberg is a student at Harvard Law School.
Today, the National Labor Relations Board ruled in the long-awaited Browning-Ferris Industries of California case that companies can be held responsible for labor violations committed by their contractors. The decision can be found here.
According to The New York Times, the ruling means that “a company that hires a contractor to staff its facilities may be considered a so-called joint employer of the workers at that facility, even if it does not actively supervise them.” As a result, “a union representing those workers would now be legally entitled to bargain with the upstream company, not just the contractor, under federal labor law.” The decision opens the door to collective bargaining between workers and franchisors, such as McDonald’s, and may radically change how companies use contracted labor.
Daily News & Commentary
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March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.
March 18
Meatpacking workers go on strike; SCOTUS grants cert on TPS cases; updates on litigation over DOL in-house agency adjudication