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.”

Complete your profile to continue reading and get FREE access to Treasury & Risk, part of your ALM digital membership.

  • Critical Treasury & Risk information including in-depth analysis of treasury and finance best practices, case studies with corporate innovators, informative newsletters, educational webcasts and videos, and resources from industry leaders.
  • Exclusive discounts on ALM and Treasury & Risk events.
  • Access to other award-winning ALM websites including PropertyCasualty360.com and Law.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.