July 29, 2022
The D.C. Circuit on Friday vacated the National Labor Relations Board's decision clearing recycling company Browning-Ferris of joint employer liability, knocking the board for failing to grapple with the company's indirect control over a staffing company's workers, as another appellate panel directed it to do earlier in the case.
February 25, 2022
A D.C. Circuit panel struggled Friday with how to resolve a long-running legal dispute over the National Labor Relations Board's joint employer test, with one judge suggesting the board misread its case law when it ruled a waste management company was not a joint employer.
February 24, 2022
The National Labor Relations Board's joint employer test will return to the D.C. Circuit as the subject of oral arguments on Friday, as an end nears to long-running litigation that could ultimately have bearing on the board's future attempts to rewrite the critical standard.
January 07, 2022
The National Labor Relations Board mischaracterized a 2015 shift in its joint employer standard while defending a related ruling to the D.C. Circuit, a Teamsters local told the appeals court, which the union argued "concedes" flaws in the decision it is challenging.
December 03, 2021
Browning-Ferris Industries on Friday defended a National Labor Relations Board ruling that it did not jointly employ contract workers at its California plant, disputing a union's argument that the board had to hew to the Obama-era joint employer test in a 2020 redux.
November 03, 2021
The National Labor Relations Board told the D.C. Circuit on Wednesday that it would have been unfair to retroactively apply to Browning-Ferris Industries a "sea change" in joint employer law that the board created in a case involving the company, defending its most recent ruling in favor of BFI.
July 21, 2021
The NLRB botched the D.C. Circuit's instructions to define elements of an expansion of joint employer liability under its Browning-Ferris Industries ruling after the appeals court sent the case back to the board, a Teamsters local argued in its bid to undo the agency's decision in favor of BFI.
March 19, 2021
A Teamsters local has asked the D.C. Circuit to review a National Labor Relations Board ruling affirming that Browning-Ferris Industries doesn't jointly employ workers at its California recycling plant, another turn in the lengthy litigation that the board previously used to revamp its joint employer test.