Dickinson, Mackaman, Tyler & Hagen, P.C.

NLRB REINSTATES OLD “JOINT EMPLOYER” TEST

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Posted on 12/21/2017 at 12:00 AM by Russell Samson

On February 26, 2018, the National Labor Relations Board issued an order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017).  The Hy-Brand decision was the subject of the article that appeared here under the heading “NLRB REINSTATES OLD “JOINT EMPLOYER” TEST.”  In Hy-Brand, the NLRB had overruled its earlier decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015).  In light of this, the standards for “joint employer” in Browning-Ferris remain in place.  Thus the article discussing the change has been pulled.

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- Russ Samson

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