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ARTICLE · 30 SEPTEMBER 2015

National Labour Relations Board Adopts New Test For Determining "Joint Employer Status"

Roper Greyell LLP
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In a ground-breaking decision published on August 27, 2015 the National Labour Relations Board revisited the test to be used in determining whether two employers should be considered as a "joint employer" for the purposes of applying the provisions of the National Labor Relations Act.

CanadaEmployment and HR
Thomas Roper K.C.
Thomas Roper K.C.
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In a ground-breaking decision published on August 27, 2015 (BFI Newby Island Recyclery1) the National Labour Relations Board revisited the test to be used in determining whether two employers should be considered as a "joint employer" for the purposes of applying the provisions of the National Labor Relations Act. In doing so the three member majority (Democratic administration appointees), with a vociferous dissent by the two member minority (Republican administration appointees), restated the standard as follows:

  • Whether a common law employment relationship exists (as opposed to independent contractor status).
  • Whether two or more employers share or co-determine those matters governing the essential terms and conditions of employment.

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