Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm’s New York office, was quoted by Law360, in “The Biggest Employment Cases of 2015,” by Aaron Vehling. (Read the full version – subscription required.)
Following is an excerpt:
In its August decision in Browning-Ferris Industries of California Inc. et al. v. Sanitary Truck Drivers and Helpers Local 350, a 3-2 split National Labor Relations Board expanded its view of what constitutes a joint-employer relationship under the National Labor Relations Act, subjecting companies to liabilities, such as collective bargaining agreements, that previously may have only applied to third parties like vendors, staffing agencies or franchisees.
Following the majority’s decision, both a company and its contractor could potentially be seen as a single joint employer — even if the company hasn't exerted overt control over workers' terms and conditions. That could be a problem if a company wants to replace a unionized vendor, according to Steve Swirsky, a management-side attorney at Epstein Becker & Green PC.
“The union is able to say not so fast, you have a bargaining obligation here and we may need you to come to the table,” he said.