Saddling BFI With Joint Employer Status 'Unjust,' NLRB Says

Law360 (July 29, 2020, 3:19 PM EDT) -- The National Labor Relations Board said Wednesday that it was "manifestly unjust" for the board in 2015 to retroactively apply a then-new standard for joint employment to Browning-Ferris Industries and order the waste management company to bargain with the Teamsters, reversing course after getting the case kicked back from the D.C. Circuit.

In a supplemental decision, the NLRB held that the labor board was wrong to apply the worker-friendly joint employer test that it created in a controversial 2015 decision looking backward to find that BFI was a joint employer of recycling workers provided by staffing agency Leadpoint Business Services Inc. at...

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