Employment Law News Update – NLRB Decision: joint employment relationships between employers, August 27, 2015
Employment Law News: NLRB’s Decision in Browning-Ferris Industries of California, Inc., Case 32-RC-109684, August 27, 2015
Posted by Patricia M. Olsson, Moffatt Thomas:
The NLRB has, in a significant decision, greatly expanded the situation where a joint employment relationship can exist between employers. Under the new standard, the NLRB may find that two or more employers are joint employers of the same statutory employees if they “share or codetermine those matters governing the essential terms and conditions of employment.” Significantly, the NLRB will find a joint employment relationship if one of two employers merely possesses the authority to control employee’s terms and conditions of employment.
Applying what the NLRB calls the “restated” joint-employer standard, it found that Browning-Ferris Industries as well as its franchisee, BFI Newby Island Recyclery and FPR-II, LLC, are joint employers.
This decision significantly broadens the potential for a finding of joint employer relationships between franchisors and franchisees, and other such entities. Additionally, it may impact temporary employees, employed by a temp agency, directed by a temp agency, yet who get their instructions through their supervisor at the temp agency from the entity contracting with the temp agency.
Please see links below for the full decision, as well as articles concerning the same. Check back for updates; and don’t hesitate to contact counsel if this is of concern to your business.
Moffatt Thomas has been providing legal services to the Pacific Northwest and Intermountain West since 1954, serving clients in the full-spectrum of business, litigation, and regulatory areas. With Idaho offices in Boise, Idaho Falls and Pocatello, the firm is strategically situated for direct contact with the governor’s office, the legislature, federal and state administrative agencies, area businesses, and international and national corporations engaged in business throughout the region. Since its inception over 60 years ago, its current and former lawyers have achieved the highest leadership positions in national, state and local legal and civic organizations. Moffatt Thomas attorneys focus on the realities of their clients’ continually evolving business needs. Like their clients, Moffatt Thomas uses innovative technology as an efficient and productive tool, allowing more time to understand clients’ needs and envision where those businesses will be tomorrow.
Leading Idaho Law. Moffatt Thomas leads the field in litigation, business, banking, insurance, agriculture, employment law and more by bringing together some of the top legal minds across Idaho. More information is available online at www.moffatt.com.