Legal Blog

Telebriefs®: Joint Employers – Who has control over the employees?

business meetingRecently, in the Browning-Ferris case, the Labor Board decided that two employers can be legally treated as joint employers of the same workers.  This decision holds true even if one of those employers never exercised direct control over the employees, but merely reserved the right to do so or exercised indirect control.  On September 29, 2015, the House Subcommittee on Health, Employment, Labor, and Pensions sought a hearing that introduced the so-called Protecting Local Business Opportunity Act or H.R. 3459.  A corollary bill, Senate Bill 2015, was also introduced in the Senate.  These bills would require, “that two or more employers may be considered joint employers for purposes of this act only if each shares and exercises control over essential terms and conditions of an employment, and such control over these matters is actual, direct and immediate”.  The bills, which attempt to rescind or reverse the Board’s decision in the case of Browning-Ferris, signal that this is an issue of great interest and that many employer groups were not pleased with the decision. Also in this Telebrief: President Obama’s urging of Congress at the White House Summit to pass legislation that would amend the National Labor Relations Act to let workers who were disciplined for union organizing or other protected activity collect treble damages from their employers. To read more or to listen to the Oct 14th Telebrief, or to listen to past telebrief segments, please click here.


Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30 minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management . On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues please contact Howard Kurman: | 410.209.6417


Howard Kurman website Howard K. Kurman is Chair of the firm’s Labor & Employment Department. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace.

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