After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board’s recent decision in Browning-Ferris. In this controversial decision, the Board created a new “indirect control” standard for assessing joint employment under the National Labor Relations Act. In the 3-2 decision, the Board determined that if an entity affects the means and manner—either directly or indirectly—of the work terms and conditions of another entity’s employees, it will be considered a joint employer with the other entity. This is a radical departure from the prior standard, in which joint employment was found only if the control exercised by the putative joint employer was actual, direct and substantial.
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