From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The company in the middle of a dispute that could decide when a business is considered an employer of workers supplied by contractors and other businesses has asked a federal appeals court not to weigh in on the hot-button joint-employer issue.
Browning-Ferris Industries filed a motion March 12 asking the U.S. Court of Appeals for the District of Columbia Circuit to deny the National Labor Relations Board’s request that the court resume reviewing the company’s appeal of a 2015 board decision. The company said the board’s request is “premature” because the NLRB hasn’t resolved confusion about how it determines whether a business is a joint employer.
The move indicates the company may be concerned that the appeals court will affirm the labor board’s decision, in which the NLRB adopted a legal standard that makes it easier to hold multiple companies jointly liable for violations of labor law. A Democratic-majority board issued the 2015 decision, which was slammed by businesses and a group of mostly Republican lawmakers. The NLRB is expected to regain a Republican majority in the coming months, and some members have shown an intent to nix the current joint employment standard.
The issue has ping-ponged several times. The Obama board established the expanded standard in a decision against Browning-Ferris, which the company appealed to the federal court.
A newly Republican board overturned the Browning-Ferris standard last year and reverted to a more business-friendly standard. That decision, in a case involving Hy-Brand Industrial Contractors, was recently withdrawn after the NLRB inspector general said Member William Emanuel (R) shouldn’t have participated. The holding against Browning-Ferris—and the resulting expanded standard—thus went into effect again.
The board later asked the court to resume Browning-Ferris’ appeal of the 2015 decision. The company’s opposition to that request leaves the case in limbo.
Browning-Ferris argued that the board’s request is “premature” because the Hy-Brand case is still pending before the NLRB. Hy-Brand has asked the board to reconsider its latest decision in that case.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)