loader
Page is loading...
Print Logo Logo
generic_insight_detail

Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

Gerald Lutkus

Gerald F. Lutkus

Of Counsel (Retired)

Oral argument was heard on Thursday, March 9 before the D.C. Circuit Court of Appeals in Browning-Ferris’ continued effort to overturn the NLRB’s new Joint Employer test. According to published reports, the tone of the questioning from the three-judge panel should give some hope to employers rooting for a reversal of the Board’s broad new test.  Judge Patricia Millett, according to the National Law Journal, “dominated most the argument time of both sides.” At one point, Judge Millett told the Board’s attorney that the NLRB “dropped the ball” with its ruling by failing to establish the weight that would be applied to the various reserved control factors. The Board used the Browning-Ferris case to revise and broaden its 30-year-old joint-employer test.  Under the Board’s new standard, a two-part test will be used in which "control" can be found through either direct or indirect control. But in addition, the mere reservation of a right to control the temporary staffing employees may be enough under the test to find a joint employer relationship. For more on the subject, here are links to our previous reports on the Browning-Ferris case.


RELATED ARTICLES

Labor Law Recap: 2022 Was The ‘Year of the Strike’

January 10, 2023 | Labor Relations, Strikes and Picketing

Labor Law Changes To Be Aware Of In The New Year

January 3, 2023 | Labor Relations, National Labor Relations Board

Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees

December 14, 2022 | Labor Relations, National Labor Relations Board

Triple Threat: NLRB Facing Staffing Shortages, Increased Workload, and Budgetary Constraints

November 30, 2022 | Labor Relations, National Labor Relations Board

Reversing the Call: NLRB Seeks to Rescind 2020 Rule, Protect Union Status

November 8, 2022 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
BrowningFerris
Joint Employer
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.