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NLRB to revisit joint employer standard via rulemaking, chairman confirms (CWS 3.0)

June 06, 2018

National Labor Relations Board Chairman John Ring confirmed to a group of senators in a letter that the board plans to revisit its joint employment standard via rulemaking and to do so in an ethical manner, the CWS 3.0 newsletter reported. The standard was changed in 2015 when the then-board ruled that Browning-Ferris Industries of California was a joint employer of workers employed at its site in Milpitas, Calif., by a staffing firm. At the time, a union was trying to organize both directly employed and staffing firm workers at the location. A new NLRB attempted to change the standard back to what it had been before the 2015 ruling in a test case last December. However, the decision in the test case was vacated after it was found that one NLRB member should have recused himself.