NLRB Browning-Ferris Saga Returns With Joint Employer Ruling (1)

The National Labor Relations Board applied an otherwise-defunct legal standard from the Obama era to find Browning-Ferris Industries of California Inc. jointly employed recycling workers with a staffing firm.

The NLRB’s Monday decision applied the framework the board created in 2015’s Browning Ferris Industries—and replaced with a more employer-friendly test in a 2020 regulation—as the US Court of Appeals for the District of Columbia Circuit instructed more than three years ago.

The joint employment dispute goes back to 2013, when an International Brotherhood of Teamsters affiliate petitioned to represent workers directly employed by staffing company Leadpoint Business Services. ...