Labor Board Adopts New Joint Employer Standard

In a long-awaited ruling, the National Labor Relations Board Aug. 27 held 3-2 that a company can be the joint employer of workers provided by another organization if the two firms share or codetermine matters governing the essential terms and conditions of employment of the employees in question (Browning-Ferris Indus. of Calif., Inc., N.L.R.B., 8/27/15)

NLRB Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Lauren McFerran reversed a regional office finding that Browning-Ferris Industries of California Inc. was not the joint employer of workers provided by a labor contractor, Leadpoint Business Services. Overturning several long-standing precedents, ...