Industry News
All Browning-Ferris Industries News
Top stories summarized by our editors
Top stories summarized by our editors

Groups weigh in on NLRB's joint-employer rulemaking

2/6/2019

The National Labor Relations Board, which is undergoing a rulemaking process to roll back the broader joint-employer standard established in the Browning-Ferris Industries case, has gotten thousands of comments. "[T]he uncertainty Browning-Ferris created undermines stability in labor relations," said Mark Kisicki and Elizabeth Soveranez of Ogletree, Deakins, Nash, Smoak & Stewart.

AAHOA's Rogers: Joint-employer uncertainty is a threat to franchisees

6/11/2018

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.

NLRB inspector general report focuses on Emanuel's alleged conflict of interest

3/26/2018

A report from the inspector general of the National Labor Relations Board found that NLRB member William Emanuel violated an ethics pledge. Emanuel previously flagged the Browning-Ferris Industries case as one he might need to sit out but later said he was unaware that his former employer, Littler Mendelson, represented a business involved in the litigation.

NLRB asks appeals court to evaluate Browning-Ferris

3/5/2018

The National Labor Relations Board has requested that the US Court of Appeals for the District of Columbia Circuit restart its review of the Browning-Ferris Industries case and the expanded joint-employer standard it created.

NLRB vacates ruling that rolled back joint-employer standard

3/2/2018

The National Labor Relations Board has vacated a December ruling because of an alleged conflict of interest, reviving the joint-employer standard created by the Browning-Ferris Industries case. "Our focus has been -- and remains -- on the need for Congress to provide legislative certainty," said IFA's Matthew Haller.

NLRB vacates ruling that rolled back joint-employer standard

2/28/2018

The National Labor Relations Board has vacated a December ruling because of an alleged conflict of interest, reviving the joint-employer standard created by the Browning-Ferris Industries case. "Our focus has been -- and remains -- on the need for Congress to provide legislative certainty," said IFA's Matthew Haller.

NLRB could change course in McDonald's case

1/12/2018

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.

Appeals court remands case involving joint-employer standard

12/28/2017

A federal appeals court has returned the Browning-Ferris Industries case to the National Labor Relations Board to be reviewed, with the order arriving after the NLRB issued a ruling that reverted the joint-employer standard to its previous form. Meanwhile, the NLRB's ruling in a case involving Boeing offers a new test for evaluating workplace rules.

Appeals court remands Browning-Ferris

12/27/2017

The US Court of Appeals for the District of Columbia Circuit has returned the controversial Browning-Ferris Industries case to the National Labor Relations Board to be reviewed. The remand order was issued Dec. 22, after the NLRB issued a ruling that reverted the joint-employer standard to its previous form.

NLRB strikes down expanded joint-employer standard in Browning-Ferris decision

12/22/2017

The National Labor Relations Board has overturned a decision in a 2015 case known as Browning-Ferris Industries that broadened the definition of joint employment. That broader standard led to "needless confusion and uncertainty for America's 733,000 franchise businesses," said IFA's Matt Haller. The board's 3-2 decision, issued on Thursday, means that businesses must have direct and immediate control over workers to be considered joint employers.