On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
Fox Rothschild Comments on NLRB Proposed Joint Employer Rulemaking
My esteemed colleague Tami McKnew today filed the following comment on the NLRB proposed joint employer rulemaking, 83 FR 46681:
The proposed rule specifically acknowledges the effects of the
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More States Moving to Limit Fallout from Browning Ferris
More states seem to be jumping on the bandwagon to address the issues surrounding joint employer liability which were raised to a new level by the Labor Relations Board’s Browning
Continue Reading More States Moving to Limit Fallout from Browning Ferris
Will the Decision Stand in the First NLRB Case Applying the Browning-Ferris Joint Employer Test?
Franchisors recently got a little jolt of confidence that perhaps not every franchise relationship would create a joint employment relationship under the National Labor Relations Board Browning-Ferris Industries, 362 NLRB
Continue Reading Will the Decision Stand in the First NLRB Case Applying the Browning-Ferris Joint Employer Test?
NLRB and Joint Employer Redux (or, We’re Not Too Proud to Toot Our Own Horn!)
As a short follow up to last week’s post on the NLRB’s Browning-Ferris decision redefining the Joint Employer Test, I just feel the need to mention my partner Liz Sigety
Continue Reading NLRB and Joint Employer Redux (or, We’re Not Too Proud to Toot Our Own Horn!)
NLRB’s “Refined” Joint-Employer Test: What is “Indirect” Control?
Today’s post comes to us courtesy of Thomas Basta, an associate in the Labor and Employment department:
In a highly anticipated decision, the NLRB today departed from three decades
Continue Reading NLRB’s “Refined” Joint-Employer Test: What is “Indirect” Control?