A recent ruling from the National Labor Relations Board (NLRB)has broadened the standard for assessing joint-employer statusunder the National Labor Relations Act (NLRA).
By a 3-2 vote, the NLRB in Browning-Ferris Industries ofCalifornia, Inc., 362 NLRB No. 186, has made a “broad sweep,”according to Zachary Fasman, an attorney at Proskauer Rose.
He explained that for 30 years, the NLRB saw “two entities to bejoint employers only where both entities actually exercised directand immediate control over the terms and conditions of employmentof the employees in question. This test was based upon the actualconduct of the two business entities.”
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