Earlier this week the National Labor Relations Board (NLRB) reversed an earlier decision and reinstated the expanded Obama-era definition of joint employer. Prompted by a report from the NLRB Office of the Inspector General that found one of the members, William Emanuel, should not have participated in the decision, the 3 remaining members voted unanimously to vacate the Board’s December decision in Hy-Brand Industrial Contractors. When the Hy-Brand decision was rendered in December, the NLRB had a full complement of five members however since that time, the term of former Chairman Philip Miscimarra has expired and his replacement is still awaiting US Senate confirmation. As a result, with Emanuel removed from the Browning-Ferris issue, the Obama-era definition will likely remain law at least until August of this year when the term of democrat Mark Gaston Peirce expires, giving President Trump the opening to appoint a new democrat member. Board members are appointed by the President to five-year terms with one term expiring each year. Speaking of the NLRB, it was reported yesterday that a union representing NLRB employees sent a letter to select democrats in Congress advising that the agency is planning to announce a hiring freeze amid other budget cutting measures.