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15 May 2017 The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

  Since the National Labor Relations Board (NLRB) issued its now infamous Browning-Ferris decision in August 2015 that significantly altered its standard for evaluating “joint employment,” businesses – particularly those utilizing franchise models – have been concerned and confused about how broadly that standard is to be applied.  In Browning-Ferris,  the NLRB stated that it will no longer require that a company actually exercise control over a workforce’s terms and conditions of employment in order…

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10 Mar 2017 Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

  Oral argument was heard on Thursday, March 9 before the D.C. Circuit Court of Appeals in Browning-Ferris’ continued effort to overturn the NLRB’s new Joint Employer test.   According to published reports, the tone of the questioning from the three-judge panel should give some hope to employers rooting for a reversal of the Board’s broad new test.  Judge Patricia Millett, according to the National Law Journal, “dominated most the argument time of both sides.”…

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26 Jan 2016 NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court

  As previously reported by the blog and widely throughout mainstream media, last year the NLRB significantly altered its standard for evaluating whether staffing companies and their customers constitute as “joint-employers” under the NLRA. Under the NLRB’s old test for finding “joint-employer status,” the NLRB found such status “where two separate entities share or codetermine those matters governing the essential terms and conditions of employment.” TLI, Inc., 271 N.L.R.B. 798, 798 (1984).  Additionally, “there must…

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