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 said Leadpoint Business Services Inc. was the sole employer of workers at a BFI-owned recycling...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS