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Case Detail


Browning-Ferris Industries of California, Inc. v. NLRB
On June 14, 2016, WLF filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit, urging it to overturn the National Labor Relations Board’s (NLRB) new employment standard under which regulated entities can be deemed “joint employers” of another company’s employees—and then held fully liable for any obligations owed to the employees. WLF argued that the Congress has not authorized NLRB to issue the new standard, which threatens to impose new, unanticipated liability on a broad range of entities. NLRB’s new standard—applied in this case to a firm that hired another firm to perform work in its recycling facility—overturned a 32-year-old standard, under which companies are not deemed joint employers unless they exercise direct and immediate control over the other company’s employees. WLF warned that the new standard is so vague that it deprives firms of the ability to accurately predict the circumstances under which their activities will subject them to liability.
Case Status:
Oral argument held March 9, 2017. Awaiting decision.
More Information and Downloads:
6/14/2016: Download the Brief
Press Release: WLF Calls on Appeals Court to Overturn NLRB Joint Employer Rule that Tramples Decades of Precedent
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