Notwithstanding the judicial pounding the Obama administration and its regulatory schemes have been taking by the courts (and the electorate), the National Labor Relations Board is not deterred. The agency recently announced they will appoint 5 administrative law judges from the Social Security Administration to replace those scheduled to retire at the end of this year. The NLRB is charged with enforcing the National Labor Relations Act and was the agency to give birth to the revised definitions of “joint-employer” with their decision in Browning-Ferris. They doubled down on joint-employer, by bringing charges against McDonalds for alleged violations of the NLRA by some of its franchise owners. Just a few months back, they ruled in another case in favor of the Laborers International Union of North America (LiUNA) Local 11, finding that three companies were in fact joint-employers since two of them, Rath Enterprises and Retro Environmental enjoyed common ownership and largely identical management and supervision. They also determined the number of employees assigned by the third, D & H Demolition. Controversies about the joint-employer definition will likely not be finally resolved until the Trump administration is in office.