Bloomberg Law
Feb. 26, 2018, 7:01 PMUpdated: Feb. 26, 2018, 8:33 PM

Labor Board Scraps Controversial Joint Employer Decision (Updated)

Chris Opfer
Chris Opfer
Hassan A. Kanu
Hassan A. Kanu
Legal Reporter

The National Labor Relations Board is taking a redo on its controversial decision to limit joint employer liability for affiliated businesses, thanks to ethics questions surrounding Member William Emanuel’s (R) participation in the case.

The board announced Feb. 26 that it has vacated its decision in Hy-Brand Industrial Contractors. A Republican-majority NLRB in December used the Hy-Brand case to scrap an expansive Obama-era legal test that made it easier to tag affiliated businesses as joint employers. It overturned a previous decision in Browning-Ferris Industries, a case then pending before a federal appeals court that Emanuel’s former law firm ...

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