Alexa Kissinger is a student at Harvard Law School.
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.
Daily News & Commentary
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August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.
August 5
Clash over potential change to Canada’s labor code; Harvard’s Center for Labor and a Just Economy releases model sectoral bargaining laws; NJ sues Amazon for antitrust violations.