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NLRB Vacates Joint Employer Case

Volume 17, Issue 3
February 27, 2018

On February 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order vacating its recent decision in Hy-Brand Industrial Contractors, Ltd., due to the Board’s Designated Agency Ethics Official’s determination that Member Emanuel should have been disqualified from participating in that decision. Unfortunately, Hy-Brand is the new NLRB decision that overturned the unfavorable joint employer standard adopted by the Obama-Board in Browning-Ferris Industries of California, Inc. As such, the Board’s announcement vacating Hy-Brand means that the Browning-Ferris standard is once again in effect.

We will keep you posted on this developing issue which we hope is a temporary set-back to the Board’s efforts to change the joint employer standard.

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KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.