On August 27, 2015, the National Labor Relations Board (the “Board”) repudiated the Board’s 30-year case history and expanded the scope of the joint-employer relationship. The Browning-Ferris Industries1 decision (the “Decision”) restates the joint-employer standard as requiring merely the right to exert control, either directly or indirectly, and not the actual exercise of control, over a worker’s essential terms and conditions of employment. The Decision will affect employers who subcontract out departments, use staffing agencies, have concession operations, or utilize franchise arrangements.
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