DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

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Over, But Not Gone

As we advised a few weeks ago, the NLRB reversed its egregious decision in Browning-Ferris and the definition of a joint-employer has reverted to the long accepted version of “direct and immediate control” over employees rather than the Obama-era “indirect and unexercised” control standard. Notwithstanding, proponents of retaining the 2015 definition continue to pursue avenues…

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