Browning-Ferris Industries of California, Inc. v. NLRB, No. 16-1028 (D.C. Cir. 2018)Annotate this Case
The right-to-control element of the Board's joint-employer standard has deep roots in the common law. Furthermore, the common law permits consideration of those forms of indirect control that play a relevant part in determining the essential terms and conditions of employment.
The DC Circuit affirmed the Board's articulation of the joint-employer test as including consideration of both an employer's reserved right to control and its indirect control over employees' terms and conditions of employment. In this case, the court held that the Board did not confine its consideration of indirect control consistently with common law limitations. Therefore, the court granted the petition for review in part, denied the cross-application for enforcement, dismissed without prejudice the application for enforcement as to Leadpoint, and remanded for further proceedings.