Perspective: Kirton McConkie Law Blog

Showing 1 post by Karen Taylor Delpriore.

NLRB decision on joint employment: Should franchisors be worried?

Last week, the National Labor Relations Board (NLRB) issued a highly anticipated decision that broadened its existing definition of joint employers by finding that Browning-Ferris Industries of California Inc. (BFI) was a joint employer of workers at its premises, which were provided by a staffing agency. The majority decision found two or more entities can be deemed joint employers if they are each employers within the meaning of common law, and share or co-determine the conditions of employment. Under the decision, joint employers no longer need to actually exercise control as long as they have reserved the right to do so. In addition, the control need not be direct or immediate. Read More