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Joint Employment and the Save Local Business Act (CRS Report for Congress)

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Release Date Revised Nov. 15, 2017
Report Number LSB10030
Report Type Legal Sidebar
Authors Jon O. Shimabukuro
Source Agency Congressional Research Service
Older Revisions
  • Premium   Nov. 5, 2017 (3 pages, $24.95) add
Summary:

Since it was decided in 2015, the National Labor Relations Board’s (NLRB’s) joint employer decision, Browning-Ferris Industries of California, has been opposed by many in the business community. In Browning-Ferris, a majority of the NLRB’s five members concluded that two or more entities would be considered to be joint employers of a single work force if they are employers under common law and if they share or codetermine matters governing the employees’ essential terms and conditions of employment. Notably, the NLRB indicated that joint employer status could be established even if an entity does not exercise direct control over employment matters, and its control is indirect or reserved by contract.