Businesses Fear Joint Employer ‘Creep’

March 2, 2017, 11:27 PM

A landmark case expanding joint employer liability for businesses accused of unfair labor practices may be on appeal, but the theory is already showing signs of moving into other workplace laws.

The National Labor Relations Board in 2015 ruled that a company may be considered a joint employer of another business’s workers even if it exerts indirect control over them. That case involves California waste management company Browning-Ferris Industries but has been cited by franchise groups, manufacturers and others as a threat to the way they do business.

Federal wage-and-hour enforcers, plaintiffs’ attorneys and New York Attorney ...

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