April 27, 2020
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The Browning-Ferris saga appears to be coming to a close. In 2015, the National Labor Relations Board (NLRB) issued a ruling saying that joint employer status can be determined based on control, direct or indirect, of the worker’s terms and conditions of employment. After some back and forth on the validity of this rule, the NLRB recently issued its final rule defining joint employer status under the National Labor Relations Act (NLRA), aligning it with the U.S. Department of Labor’s own rule, and invalidating the standard set forth in Browning.