An appeals court’s decision to grant a motion to reconsider a case involving joint employment is the latest development in an issue that has sparked much confusion in recent months.
When the National Labor Relations Board (NLRB) issued a decision on joint employment on December 14, 2017, many employers breathed a sigh of relief as the Board reinstated an old employer-friendly standard on what’s considered joint employment. But now employers find themselves once again judged by the previous, less friendly standard after the NLRB took […]
Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees […]