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James R. Redeker
Posted: October 16, 2015

In August, the Labor Board reversed thirty years of precedent in its Browning-Ferris decision. It is poised to do it again. This time the precedent dates back to 1973.

In Browning-Ferris, the Board expanded the joint employer test from whether the host employer exercises direct control over agency employees to include whether the host employer exercises indirect control (e.g., host employer supervisors tell agency supervisors what their employees should do) and/or have possible control (e.g., the contract with the agency retains direct or indirect control over agency employee wage/hour costs).

Filed Under: Employment, Labor/NLRB
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James R. Redeker
Posted: April 14, 2012

Judge David Norton of the federal district court in South Carolina in a case brought by the South Carolina Chamber of Commerce on Friday, April 13, held that the rule announced by the NLRB in September of last year that employers must post a Notice of Employee Rights under the National Labor Relations Act exceeded the Board’s statutory authority and is, therefore, unlawful.

Filed Under: Employment