Latest nomination expected to boost NLRB’s new agenda

January 17, 2018 0 COMMENTS

The announcement of President Donald Trump’s nominee for the vacant seat on the National Labor Relations Board (NLRB) is another sign that some controversial prolabor decisions of the Obama-era Board will be revised.

John Ring, a management-side attorney with the Washington, D.C., office of prominent law firm Morgan, Lewis & Bockius LLP, was announced as the nominee on January 12. If confirmed by the Senate, he will take the seat vacated by Philip A. Miscimarra, whose term ended December 16.

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Browning-Ferris reversal calls end to uncertainty on joint employment

December 15, 2017 0 COMMENTS

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14.

The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees of another employer could be considered joint employers. The party-line decision reinstates the old standard that was used for decades before the 2015 Browning-Ferris decision issued by the Obama-era NLRB.

“I think the most important aspect of the case is that it really ends the uncertainty and unpredictability that Browning-Ferris created because the prior decision never really gave anybody a clear understanding of indirect control,” Burton J. Fishman, an attorney with Fortney & Scott, LLC, in Washington, D.C., and a contributor to Federal Employment Law Insider, said of the new ruling.

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