The National Labor Relations Board has voted to overrule Browning-Ferris guidelines for joint-employer liability established in 2015. Going forward, under the standards held prior to the Browning-Ferris ruling, “two or more entities will be deemed joint employers under the National Labor Relations Act (NLRA) if there is proof that one entity has exercised control over essential employment terms of another entity’s employees (rather than merely having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine.”
Chairman Philip A. Miscimarra, and Members Marvin E. Kaplan and William J. Emanuel provided the majority opinion. Members Mark Gaston Pearce and Lauren McFerran dissented.
Read the full press release here.
