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Opening salvo fired in big ‘joint employer’ lawsuit against NLRB

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in Employment Law,Human Resources

The National Labor Relations Board’s new joint employer standard violates the National Labor Relations Act, according to opening briefs filed by Browning-Ferris Industries in a closely watched lawsuit that seeks to overturn a major NLRB decision.

In 2015, the board ruled that for collective bargaining purposes, Browning-Ferris, a California recycling company, is a joint employer along with Leadpoint, a temp agency that supplies its workers. That’s a looser definition than the NLRB applied before. Browning-Ferris argues that, unlike Leadpoint, it does not exert “direct and immediate control” over the workers. Therefore, it contends, it cannot be a joint employer.

The NLRB used its Browning-Ferris decision to launch a sweeping attack on employer/contractor and franchiser/franchisee relationships, arguing that both parties may be liable for any unfair labor practices.

The lawsuit, being heard in the District of Columbia Circuit Court of Appeals, began June 7.

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