NLRB Vacates Hy-Brand Decision; Browning-Ferris Joint Employer Test Back in Effect

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A little over two months ago, we reported that the National Labor Relations Board (“NLRB”) overruled the Browning-Ferris joint employer test in a case called Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co.  Under Browning-Ferris, companies faced greater responsibility for the employment practices of their contractors and franchisees.  In turn, Hy-Brand limited the circumstances in which joint-employer status would accrue.

Today the NLRB announced that it was vacating the Hy-Brand decision in light of a determination by the NLRB’s ethics agency that NLRB Member William Emmanuel should have recused himself from that case.

Since Hy-Brand has been vacated, the Browning-Ferris test is now back in effect.

About the Authors

Emma Kazaryan

Emma is an associate in the firm's litigation and employment practice groups.

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