The NLRB Inspector General completed its investigation into the NLRB Board vote overturning the joint-employer ruling and concluded Director William Emanuel should not have participated. The Board reversed the 2015 Browning-Ferris decision on joint employment and reinstated the historic definition back in December with the full 5 NLRB members participating. Subsequently, it became known that the former law firm of member William Emanuel, Littler-Mendelson, represented one of the parties in the case, but Emanuel claimed he was unaware of the firm’s participation and that fact had no bearing on his vote. The office of the Inspector General had a different view however, finding “a serious and flagrant problem and/or deficiency” in how the NLRB handled conflict of interest issues. The NLRB Chairman Marvin Kaplan has announced the agency is reviewing its recusal procedures. How this impacts the definition of joint employment remains to be seen, but democratic members of Congress now question the validity of the reversal.