Joint Employer Reversal Changes Rules for Business

The National Labor Relations Board just rewrote the test for determining whether multiple businesses are joint employers under the National Labor Relations Act. But a few loose ends remain after the board’s 3-2 decision to overrule its 2015 Browning-Ferris Industries ruling.

Lawyers in the NLRB general counsel’s office and elsewhere will be scrambling to gauge how the joint employer ruling will affect the mammoth unfair labor practice case against McDonald’s USA.

The new ruling is good news for McDonald’s USA, LLC and for franchisers and business groups who argued that Browning-Ferris threatened the stability of franchising in the U.S., Jeffrey ...