The Economic Policy Institute has submitted comments asking the National Labor Relations Board to abandon its proposed joint-employer rulemaking and proceed with the definition outlined in the Browning-Ferris case. The group argues the proposed rule could cause workers to miss out on some $1.3 billion in wages per year.
Economic Policy Institute (12/10)

The Asian American Hotel Owners Association and other groups are pushing for congressional action on the joint-employer issue to prevent future administrations from making arbitrary changes, said AAHOA President and CEO Chip Rogers. "The bureaucratic flip-flopping over the National Labor Relation Board's calamitous 2015 Browning-Ferris Industries decision on the joint-employer standard is the greatest threat to franchisees," he said.

Some observers expect the National Labor Relations Board led by General Counsel Peter Robb to back away from a case brought against McDonald's in 2014 involving joint-employment claims. The board recently reversed the joint-employer standard created by the Browning-Ferris Industries case, which was decided under the previous administration.

Browning-Ferris Industries may draw on federal labor law and administrative law in an appeal involving the National Labor Relations Board's joint-employer test. The company says the test is in conflict with the National Labor Relations Act.

Browning-Ferris Industries is asking an appeals court in Washington, D.C., to review the National Labor Relations Board's joint-employer decision. Browning-Ferris attorney Stuart Newman said the business "strongly believes that it has rights that require vindication." The NLRB's joint-employer ruling in August drew concern from members of the business community, who were worried about the impact it could have on contracting and franchising.