NLRB Issues Controversial Decision Changing The Standard For Joint Employer Status

On August 27, 2015, in a 3–2 decision, the National Labor Relations Board (the Board) determined that Browning-Ferris Industries of California was a joint employer of workers hired by a contractor to staff one of Browning-Ferris's recycling plants. Browning-Ferris contracted with Leadpoint, a staffing agency, to supply workers to perform cleaning and sorting tasks at its plant. The contract could be terminated by either party within 30 days, and stated that Leadpoint was the sole employer and should not assign workers to Browning-Ferris for more than six months. The two companies kept separate supervisors and lead workers at the facility and they maintained separate human resources departments.