NLRB rules on Joint Employer Test

The NLRB, in Browning-Ferris Industries, has refined the test used to determine if a company is a joint employer.

In the decision, the Board applies long-established principles to find that two or more entities are joint employers of a single workforce if (1) they are both employers within the meaning of the common law;  and (2) they share or codetermine those matters governing the essential terms and conditions of employment. In evaluating whether an employer possesses sufficient control over employees to qualify as a joint employer, the Board will – among other factors — consider whether an employer has exercised control over terms and conditions of employment indirectly through an intermediary, or whether it has reserved the authority to do so.

Source: Board Issues Decision in Browning-Ferris Industries | NLRB

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