NLRB Expected to Issue Decision on “Joint Employers”

The National Labor Relations Board is expected to issue a decision  in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard  for finding that two or more entities constitute “joint employers” for purposes of the obligations imposed on employers by labor law. Under the new standard that the NLRB is expected to adopt, whenever, under the totality of the circumstances , an entity  wields sufficient influence over the working conditions of another, the two or more entities will be deemed joint employers i.e.,  jointly liable for the labor law  liabilities and obligations of each.  The “sufficient influence” may be wielded through direct control, indirect control or, most importantly, potential control. For more information contact Jerry Morales of our Labor and Employment Group by clicking here.

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