NLRB Reverts Back to Broad Joint Employer Test

From OMA Connections Partner, Frantz Ward: “On Monday, the NLRB unanimously vacated its December 2017 Hy-Brand Industrial Contractors decision, marking yet another abrupt reversal in the method for determining whether two employers can be held jointly liable for violations of labor and employment laws committed by either employer. In doing so, the Board effectively reinstated its 2015 Browning-Ferris Industries decision, meaning that two businesses are joint employers when one has “indirect” or “reserved’ control over the other’s workers.”

And: “Monday’s order puts greater pressure on Congress to pass the Save Local Business Act, which would amend the National Labor Relations Act and the Fair Labor Standards Act to establish a “direct control” standard.”

More here. 3/1/2018