NLRB Overrules Browning-Ferris Industries

Alexa Kissinger

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.

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