Pat Gottschalk and David Burton Article on the NLRB's Browning Ferris Decision
Introduction
Welcome to Richardson Law Firm PC's article on the National Labor Relations Board's (NLRB) Browning Ferris decision.
The Browning Ferris Decision
The NLRB's Browning Ferris decision, issued on August 27, 2015, significantly impacts the area of development, including both employers and employees.
Background
The Browning Ferris case involved a waste management company, Browning Ferris Industries of California, which contracted with another company for the provision of workers. The NLRB revised its standard for assessing joint-employer status, expanding the definition to include entities that have the potential to exercise control, even if that control is not directly exerted.
Implications for Employers
The Browning Ferris decision has created uncertainty and increased legal risks for employers. Companies that utilize subcontractors or temporary workers may now face potential joint-employer status, which means they can be held liable for labor law violations committed by their subcontractors or temporary staffing agencies. This expands their responsibilities and exposes them to potential legal claims.
Implications for Employees
The decision brings benefits for employees as well. It provides an opportunity for employees working for subcontractors or through temporary staffing agencies to hold both the contractor and the host employer responsible for labor law violations. This allows employees to seek remedies from both entities, enhancing their rights and protections in the workplace.
The Significance of the Browning Ferris Decision
The Browning Ferris decision holds considerable significance for both employers and employees by redefining the joint-employer standard. It has broadened the scope of potential liability and shifted the balance of power in labor relations.
Legal Challenges
Following the Browning Ferris decision, various legal challenges have emerged, questioning the NLRB's new standard. These challenges reflect the impact and importance of the decision in the legal landscape.
Guidance for Employers
Given the complex nature of joint-employer relationships, it is crucial for employers to seek legal counsel and guidance to understand and navigate the implications of the Browning Ferris decision properly. Developing proactive strategies and policies can help mitigate risks and ensure compliance with labor laws.
Contact Richardson Law Firm PC
If you need legal assistance or have questions regarding the NLRB's Browning Ferris decision or any other legal matters related to labor and employment, please contact Richardson Law Firm PC. Our experienced attorneys are ready to provide you with comprehensive advice and representation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information provided is accurate to the best of our knowledge at the time of writing, but laws and regulations may have changed since then. Consult with a qualified attorney for personalized legal guidance.
