Employment Law Commentary - Volume 27, Issue 9

THE NLRB'S DECISION IN BROWNINGFERRIS INDUSTRIES OF CALIFORNIA (2015) ONE MONTH LATER: IS THE SKY FALLING FOR EMPLOYERS?

By Eric A. Tate and Timothy F. Ryan

The short answer to the question is, "Not yet." Browning-Ferris Industries of California, Inc.¹ expanded the definition of joint employer under the National Labor Relations Act (the "NLRA" or the "Act") and is arguably the National Labor Relations Board's (the "NLRB" or the "Board") most significant decision of 2015. Many believe that Browning-Ferris will have far-reaching effects for years to come, including beyond the unionized workplace. This article discusses the decision, selected key potential implications for employers, and takes a brief look at the early fallout from Browning-Ferris.