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 19
The Supreme Court declines to hear a challenge to a Ninth Circuit decision upholding Thryv remedies, and tech workers receive mixed messaging about AI use.
June 18
Teamsters re-elect Sean O'Brien; Teamsters and DOJ move to end federal monitorship.
June 17
Bezos predicts AI will create labor shortage; Canada introduces legislation to strengthen forced labor import ban.
June 16
Hyundai workers approach strike; NTEU sues the IRS for First Amendment violation; former federal employees run for Congress in Trump pushback
June 15
Apple wins summary judgment on FLSA and state law worker claims; Werner truckers reach $18 million settlement; California court uphold finding that Tesla yard hostlers are exempt from the FAA.
June 14
Chocolate Workers union ratifies agreement with Hershey Entertainment & Resorts; Minnesota Twins’ concession workers announce plans to strike.