NLRB Adopts “New-Old” Joint Employer Test

This past week, the National Labor Relations Board reinstated the traditional joint employer test, requiring that an alleged joint employer controls the essential terms and conditions of employees in question. In 2015, Browning-Ferris established a broader, less direct definition of a joint employer at odds with the standard that had been in place for over 30 years. In Hy-Brand Industrial Contractors, Ltd., the NLRB’s 3-2 decision returned to the former conception of a joint employer as an entity with actual control over employees. Responsibilities of a joint employer include those such as:

– Hiring
– Firing
– Discipline
– Supervision
– Direction

Though the joint employer test has been simplified, gray areas still exist. To learn how Castaybert PLLC can assist with matters of employment law, click here.