This article addresses recent developments relating to the National Labor Relations Board’s expansive view of joint employer relationships and important implications for employers.
Expanded Definition
In August 2015, the board upended years of precedent by vastly expanding the definition of a “joint employer” under the National Labor Relations Act (NLRA) in its landmark decision, Browning-Ferris Indus. of California, 362 NLRB No. 186 (2015). A showing of joint employment previously had required an actual exercise of direct and immediate control over workers. Following Browning-Ferris, joint employment may exist where an entity has indirect control over the workers, or even where the entity has the right to control the workers but does not exercise that right.
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