U.S. labor board overturns Obama-era 'joint employment' ruling

The outcome of the vote was anticipated but not set in stone

The outcome of the vote was anticipated but not set in stone

The outcome of this vote was anticipated earlier this year when Marvin Kaplan and William Emanuel were appointed to the NLRB, giving the board a Republican majority.

In a 3-2 vote, the new Republican NLRB majority overturned the controversial standard set forth in BFI that under the National Labor Relations Act (the "Act"), a company could be deemed a joint employer of another company's employees even if the company had never exerted overt control over workers' terms and conditions or employment.

Today's vote overturned the Browning-Ferris ruling and reinstated the previous standard requiring direct control. Trump's appointees, who joined the board in August and September, are widely expected to revisit a series of recent NLRB decisions that business groups say unfairly favored unions. However, the speed at which the board flipped the ruling came as an initial surprise to many industry experts-at the time of the appointments, it seemed the NLRB had more than a few issues to navigate before joint employment would hold its attention.

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The situation is now safe, the Marechaussee police service said, and the suspect had been detained and removed from the scene. A tweet from Dutch military police read: "Man at Schiphol shot at by the military police, after he made threats with a knife".

Essentially, prior to the 2015 ruling in Browning-Ferris, companies were recognized as joint employers of workers hired by another business if they had "direct and immediate" control over working conditions. "The Browning-Ferris decision in 2015 made the standard for joint employment so broad and vague that an employer could be held liable for the labor and employment practices of independent contractors and subcontractors over which they have no direct control".

Many companies use franchising or contract labor in part to avoid the costs and responsibilities of directly employing workers. Among these problems, according to the Hy-Brand majority, the BFI test destabilized bargaining relationships and created unresolved legal uncertainty, threatened existing franchising arrangements in contravention of Board precedent and trademark law requirements, undermined parent-subsidiary relationships, dramatically changed labor law sales and successorship principles, and discouraged efforts to rescue failing companies and preserve employment. A trial began more than two years ago.

This ruling could have a major impact on McDonald's.

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The decision now applies to all pending and future cases involving so-called joint employers like restaurant corporations and their franchisees.

The issue of "joint control" has always been a bone of contention with unions who claim McDonalds and other companies have more say so in how their francises operate than they actually do.

The International Franchise Association and National Restaurant Association, which represent McDonald's and other fast-food restaurant operators, have been especially vocal critics of the Browning-Ferris standard, arguing it could doom the franchising industry. "Today's decision restores years of established law and brings back clarity for restaurants and small businesses across the country", Cicely Simpson, executive vice president, Public Affairs at the National Restaurant Association, said in a statement.

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QUARTERBACK SHUFFLE: Tyrod Taylor is expected to return as Bills starter after missing last week's game with a bruised left knee. Miami is one game behind Buffalo but would also have to hurdle the Baltimore Ravens (7-6) and the Los Angeles Chargers (7-6).

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