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EEOC Supports NLRB’s Joint-Employer Standard before DC Circ.

On September 14, 2016 the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief in the D.C. Circuit expressing support for the National Labor Relations Board’s (“NLRB”) loosened standard of a joint employer. Under this loosened standard, a joint-employer relationship can exist if an employer exerted “indirect control” over the terms and conditions of employment. The NLRB’s previous joint-employer standard required a business to have “direct and immediate” control over the terms and conditions of employment. However, as explained previously in HR Legalist, this standard was expanded in Browning-Ferris when the NLRB concluded that BFI and a staffing agency were joint employers of workers at a BFI-owned recycling facility in Milpitas, California. Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). Continue Reading