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Analysis

5 Questions Raised By NLRB’s Joint Employer About-Face

Law360, New York (December 15, 2017, 10:15 PM EST) -- The National Labor Relations Board’s decision Thursday to reinstate the narrower standard for determining joint employment it had in place prior to its controversial Browning-Ferris ruling has won plaudits from business groups, angered worker advocates and left some experts wondering if Congress is likely to soon decide the issue once and for all.

In a 3-2 decision that split the board along party lines, a Republican majority overturned the standard set in the Browning-Ferries Industries case that a company and its contractors or franchisees can be...
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