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NLRB Overrules Browning-Ferris Industries

Dec 14, 2017 Alexa Kissinger

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 […]

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

Aug 28, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. In the much-anticipated Browning-Ferris Industries case, the National Labor Relations Board yesterday decided in a split 3-2 vote to return to the common law test for when two corporations are joint employers, and therefore may be jointly responsible to bargain with the […]

N.L.R.B. Broadens Joint-Employer Status in Browning-Ferris Decision

Aug 27, 2015 Jon Weinberg

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 […]

Ronald Reagan Has Shaped U.S. Labor Law for Decades

Jan 4, 2024 Andrew Strom

Andrew Strom on the lasting impact of Presidential appointments to the NLRB.

October 27, 2023
News & Commentary

Greg Volynsky

The NLRB issues its final rule for determining joint-employer status

August 30, 2020
News & Commentary

Deanna Krokos

This week, the Economic Policy Institute published an analysis of the growing role state attorneys general (AGs) play in enforcing workers’ rights. Authored by Terri Gerstein, who heads the State and Local Enforcement Project at Harvard Law School’s Labor and Worklife Program, the report examines state enforcement actions since 2018, including initiatives that protect workers […]

The NLRB’s Final Joint-Employer Rule Moves Labor Law Backwards

Feb 25, 2020 Jared Odessky

Tomorrow the National Labor Relations Board (NLRB) will formally publish a final rule codifying an employer-friendly test for determining whether an employer can escape liability for labor law violations by franchising and contracting out its operations. Under the new standard, a business can only be considered a “joint employer” under the National Labor Relations Act […]

December 13, 2019
News & Commentary

Ryan Gorman

Yesterday, the National Labor Relations Board (NLRB) directed an Administrative Law Judge to approve a series of proposed settlement agreements proffered by McDonald’s in a long-running dispute over unfair labor practices committed by its franchisees—a dispute that centers on the degree to which the company can be held accountable for those violations as a “joint […]

September 17, 2019
News & Commentary

Ryan Gorman

ProPublica reported yesterday about a potential conflict of interest facing the National Labor Relations Board (NLRB) as they seek to revise the so-called “joint-employer rule” through agency rulemaking procedures. Last week, two Democrats on the House Committee on Education and Labor sent a letter to Board Chairman John Ring expressing concerns over a contract the […]

Your Tax Dollars at Work at the NLRB

Mar 29, 2019 Andrew Strom

The House Education and Labor Committee recently revealed that the Trump appointees on the NLRB are hiring a private contractor to help review the public comments submitted in response to their proposed joint employer rule. NLRB Chairman John Ring told the Members of Congress not to worry because the contractor would only do an “initial […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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NLRB Overrules Browning-Ferris Industries

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

N.L.R.B. Broadens Joint-Employer Status in Browning-Ferris Decision

Ronald Reagan Has Shaped U.S. Labor Law for Decades

October 27, 2023

August 30, 2020

The NLRB’s Final Joint-Employer Rule Moves Labor Law Backwards

December 13, 2019

September 17, 2019

Your Tax Dollars at Work at the NLRB