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NLRB's Joint Employer Test Comes Under Fire At DC Circ.

Law360, New York (March 9, 2017, 6:08 PM EST) -- The National Labor Relations Board’s expanded definition of joint employment in a case involving a waste management company faced intense scrutiny at the D.C. Circuit Thursday, with one panel member saying the board “dropped the ball” in its legal analysis.

Browning-Ferris Industries of California Inc., which is owned by Republic Services Inc., is challenging the labor board’s 2015 decision to loosen the traditional test it uses to determine whether a company qualifies as a joint employer, one of the NLRB’s most controversial rulings during the Obama era. The board used its revised standard to determine that BFI is a joint employer...

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