NLRB Expected to Issue Decision on “Joint Employers”

Snell & Wilmer
Contact

The National Labor Relations Board is expected to issue a decision  in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard  for finding that two or more entities constitute “joint employers” for purposes of the obligations imposed on employers by labor law. Under the new standard that the NLRB is expected to adopt, whenever, under the totality of the circumstances , an entity  wields sufficient influence over the working conditions of another, the two or more entities will be deemed joint employers i.e.,  jointly liable for the labor law  liabilities and obligations of each.  The “sufficient influence” may be wielded through direct control, indirect control or, most importantly, potential control.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Snell & Wilmer | Attorney Advertising

Written by:

Snell & Wilmer
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Snell & Wilmer on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide