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ARTICLE · 17 NOVEMBER 2015

The Browning-Ferris Effect: I-9 Enforcement Actions

Duane Morris LLP
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The issue at stake in Browning-Ferris was whether the International Brotherhood of Teamsters could include a group of laborers employed by a subcontractor of Browning-Ferris in a collective bargaining action.

United StatesEmployment and HR
Valentine Brown
Valentine Brown
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I am pleased to share my Law360 article regarding I-9 enforcement actions.

Since the Aug. 27, 2015 decision of the National Labor Relations Board in Browning-Ferris Industries of California Inc., 362 NLRB No. 186, in which the NLRB swept away 30 years of precedent to rewrite the definition of who is a joint employer, employers and their advocates have been considering how this decision will impact employer liability in other contexts.

The issue at stake in Browning-Ferris was whether the International Brotherhood of Teamsters could include a group of laborers employed by a subcontractor of Browning-Ferris in a collective bargaining action. The Teamsters argued that the subcontractor was a joint employer because it provided temporary labor at a recycling plant of Browning-Ferris. The NLRB agreed with the Teamsters and set out a new test. To determine the "exercise of a control" in the workplace, the board will consider the ways in which employers may "share

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