Employment Law This Week (Episode 83: Week of August 14, 2017) has released bonus footage of its interview with John F. Fullerton III, a Member of the Firm at Epstein Becker Green.
As Mr. Fullerton discusses, the U.S. Court of Appeals for the District of Columbia Circuit has reversed the National Labor Relations Board (“NLRB” or “Board”) in a joint-employer case. A three-judge panel held that the NLRB did not follow consistent precedents in finding that CNN was a joint employer of a group of contracted technicians. The NLRB decided this case prior to changing the joint-employer standard in Browning Ferris. So, the court did not consider the new indirect control standard. Instead, the court focused only on how the NLRB’s previous test was applied in this case. Employers and other interested parties continue to await the court’s ruling in Browning-Ferris to see whether it will reject the looser test that the Board adopted there.
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