Last Friday – the day the Star Wars movie Episode VIII hit theaters and the last working day of National Labor Relations Board Chairman Philip A. Miscimarra’s term – the Board continued its efforts to undo some of the most controversial and problematic decisions rendered by the Obama Board before the Republicans temporarily lose their
Browning-Ferris
NLRB Reverses Key Rulings: New Test for Determining Whether Handbooks, Rules and Policies Violate the NLRA and Return to Pre-Obama Board Test for Deciding Joint-Employer Status and – Assessment of 2014 Expedited Election Rules and Future Changes Also Announced

It should come as no surprise that recent days have seen a stream of significant decisions and other actions from the National Labor Relations Board as Board Chairman Philip A. Miscimarra’s term moves towards its December 16, 2017 conclusion and as a new majority has recently taken shape with the confirmation of Members Marvin Kaplan…
Key NLRB Decisions in 2016 – Employment Law This Week
The year-end episode of Employment Law This Week looks back at the biggest employment, workforce, and management issues in 2016.
Our colleague Laura Monaco discusses the National Labor Relations Board’s decision in Miller & Anderson, which expanded the already-relaxed joint-employer standard adopted by the Board in its August 2015 decision in Browning Ferris Industries. …
What Does Subway’s “Voluntary Agreement” with the US Department of Labor Mean for Joint Employer Status?
This past week, Doctor’s Associates Inc., which is the owner and franchisor for the Subway sandwich restaurant chain entered into a Voluntary Agreement (the “Agreement”) with the US Department of Labor’s (DOL) Wage and Hour Division “as part of [Subway’s] broader efforts to make its franchised restaurants and overall business operations socially responsible,” and as…
Browning-Ferris: Extended Interview with Steven Swirsky – Employment Law This Week
Employment Law This Week has released bonus footage from its interview with Steven Swirsky, co-founder of this blog and Member of the Firm at Epstein Becker Green.
In its recent Browning-Ferris decision, the NLRB loosened the standard for determining who qualifies as a joint employer. In this video, Mr. Swirsky elaborates on his…
The NLRB’s Recent Browning-Ferris Decision: Featured on Employment Law This Week
The top story on Employment Law This Week – Epstein Becker Green’s new video program – is the NLRB’s recent Browning-Ferris decision, where it loosened the standards for determining who qualifies as a joint employer. It’s a critical ruling that affects many different industries and employers and the episode sums it up very succinctly.
The…
NLRB Redefines and Expands “Joint-Employer” Status
The National Labor Relations Board (“NLRB” or “Board”) has issued its long-anticipated decision in Browning-Ferris Industries, 362 NLRB No. 186 (pdf), establishing a new test for determining joint-employer status under the National Labor Relations Act (“NLRA” or the “Act”). Because this revised standard will resonate with businesses relying on contractors and staffing firms throughout…
NLRB Signals It Is About to Make It Much Easier For Unions to Organize Temps and Contingent Workers – Temps and Regular Employees To Be Included in Same Bargaining Unit
The National Labor Relations Board (NLRB or Board) invited interested parties to submit amicus briefs in Miller & Anderson, Inc. in connection with the Board’s reexamination of critical issues affecting the ability of unions to organize employees employed by temporary and staffing agencies (“temporary employees”) in the same bargaining units as employees of an employer…
Where’s the Beef? McDonald’s, Joint Employers and the NLRB II: What “Labor” Says it Means
Following the NLRB’s announcement on July 29th of its position that McDonald’s and its franchisees are joint employers, commentators across the spectrum have been opining about this actually means for employers, unions and workers.
This week the AFL-CIO weighed in with its opinions in a post on its blog AFL-CIO NOW. After recounting the…