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08 Jan 2018 A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court

  On Jan. 4, the Teamsters union filed a motion with the U.S. Court of Appeals for the D.C. Circuit in the infamous Browning-Ferris case requesting that the court reconsider its Dec. 22 order that remanded the case back to the NLRB. The reason? The Teamsters argue that one of the new NLRB members’ law firms was involved in the related Browning-Ferris case. The case was on appeal to the court from the NLRB.  …

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15 Dec 2017 NLRB Delivers Early Holiday Gifts to Employers Reverts on Joint Employment, Issues Favorable Personnel Policies Standard

  Holiday gift giving has started early this year thanks to a busy week by the revamped, employer-friendly National Labor Relations Board (NLRB). On Dec. 15, the board handed down two opinions, one overturning a 2004 decision on work rules and handbook policies and the other overruling the infamous Obama-era joint employer standard.   We’ll start with the biggest gift of all: the overturning of Browning-Ferris and the return to a more sensible joint-employer standard….

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18 Jul 2017 NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

  The NLRB’s controversial 2015 Browning-Ferris decision greatly expanding the definition of “joint-employer” to include those employers who exert only indirect control over employees may not be around much longer, as House Republicans are attempting to use the power of the purse to rein in the Board.   On July 13, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education voted to approve a draft spending bill for fiscal year 2018 that…

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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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15 Jan 2016 Browning-Ferris “All In” On Joint Employer Battle With NLRB

Browning-Ferris (“BFI”) appears to have moved all of its chips into the middle of the table and is “all in” in poker parlance in its battle with the NLRB over the Board’s new approach to “joint employer” liability.   As we have discussed on this blog, a Teamster organizing campaign brought against BFI and Leadpoint, the temporary staffing company that supplies BFI with employees for its recycling facility in Milpitas, California, gave the NLRB the…

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