Hunton Employment & Labor Perspectives

In a ruling that redefines the concept of employment in the United States, the National Labor Relations Board yesterday issued its much-anticipated decision in Browning-Ferris Industries of California, Inc. d/b/a Newby Island Recyclery, 362 NLRB No. 186 (2015). The decision rewrites and drastically expands the definition of who is a “joint employer” under the National Labor Relations Act. The business community has been bracing for this decision for several months, and now that it has been released, the Board’s new standard is likely to create a host of labor relations problems for employers going forward.

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