nlrbOn August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste management company, and Leadpoint Business Services (“Leadpoint”), a temporary worker or subcontractor (“temp”) agency. See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). In the past, employers receiving services through temp agencies were not responsible for agency workers’ organization, collective bargaining, and other NLRB-based rights unless the employers exercised “direct and immediate” control over their working terms and conditions. However, the NLRB has now concluded that “indirect control” is enough to qualify for joint-employer status – and thus share unfair labor practice liability and bargaining obligations – upending decades of established law. Continue Reading