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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June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.
June 24
NYC primary vies for union support; NLRB ruling tees up Cemex challenge; Sixth Circuit deals blow to NLRB policymaking.
June 23
The Supreme Court declines review of a taxpayer lawsuit against a teacher union's paid leave policy; Congressional Democrats oppose Labor Department's proposed joint employer rule.
June 22
Pro-labor candidate wins DC mayoral primary; Department of Labor secures court order regarding back wages.
June 21
The Bolivian government declares a state of emergency in response to union-led protests, and hotel workers in Philadelphia strike amidst World Cup celebrations.