NLRB Adopts New Test For Determining Joint-Employer Status

Law360, New York (August 27, 2015, 2:27 PM EDT) -- The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

The NLRB said 2.87 million of U.S. workers were employed through temporary agencies last August and the previous joint-employer standard hadn't kept up with changing times. (Credit: Law360) The 3-2 ruling reversed an August 2013 decision — challenged by Teamsters Local 350 — which...
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