Employment and Labor Law

As the composition of the National Labor Relations Board (the "Board") shifts due to vacancies that have been filled by the new Presidential administration, there has been a noticeable trend towards more employer-friendly rulings from the Board. On December 14, 2017, this trend continued when the Board expressly overruled its August 27, 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB 186 (2015), which had established a new standard for determining joint employer status. In overruling Browning-Ferris, the Board stated that it was returning to the joint employer standard that had been in place for nearly thirty (30) years before the Browning-Ferris decision.

Read the entire article.