Case Detail

Browning-Ferris Industries of California, Inc. v. NLRB
On December 21, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated a National Labor Relations Board (NLRB) decision that was based on an employment standard under which regulated entities could be deemed “joint employers” of another company’s employees—and then held fully liable for any obligations owed to those employees. The decision was a victory for WLF, which filed a brief arguing that NLRB’s 2015 joint-employer standard was unauthorized and threatened to impose new, unanticipated liability on a broad range of entities. NLRB’s 2015 standard—applied in this case to the employees of a firm’s subcontractor—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. In December 2017, NLRB voted to return to the former standard. In response, the appeals court vacated NLRB’s ruling in this case and remanded it to the Board for reconsideration.
Case Status:
Victory; adverse judgment vacated.
More Information and Downloads:
6/14/2016: Download the Brief

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