DC Circuit Considers NLRB’s Browning-Ferris Decision: An Interview with Laura Monaco

Employment Law This Week

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Employment Law This Week (Episode 64: Week of March 20, 2017) has released bonus footage of its interview with Laura C. Monaco, an Associate at Epstein Becker Green.

As Ms. Monaco discusses, Browning-Ferris has been challenged in the U.S. Court of Appeals for the District of Columbia Circuit. The controversial 2015 Browning-Ferris decision by the National Labor Relations Board (NLRB) loosened the test for finding contractors, temporaries, and others to be joint employers. Browning-Ferris Industries (BFI) is now challenging that decision in the DC Circuit, arguing that the new “joint employer” definition is overly broad and inconsistent with the law on the issue. In oral arguments, the panel expressed doubts about the NLRB standard, with Judge Patricia Millett commenting that the agency had “dropped the ball.”

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