Featured on Employment Law This Week: NLRB Vacates Hy-Brand Joint-Employer Decision
The NLRB’s Browning-Ferris test is once again the law of the land — A 3-member panel has reversed the Board’s December Hy-Brand decision, which had nixed the Browning-Ferris joint-employer test, and returned to a “direct control” standard. The reversal comes after an inspector general report that found that Member William Emanuel should have recused himself. The Browing-Ferris test considers a company a “joint-employer” if it has the right to exercise either direct or “indirect control” over employees. Once the Senate acts on the nomination of republican John Ring to fill the Board’s vacant fifth seat, the Board is expected to once again roll back Browning-Ferris with a test like the one in Hy-Brand.
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