With New Prez, Hotels Hope For Browning-Ferris Reversal

Dana Kravetz was quoted in the article, “With New Prez, Hotels Hope For Browning-Ferris Reversal,” published in Law360 on February 3, 2017. The article explores how the Trump administration might choose to enforce the recent landmark Browning-Ferris decision from August 2015, which said that even indirect control, which exists in franchise agreements, could trigger joint-employer liability. Mr. Kravetz notes that “Prior to the decision from the NLRB, you had a situation where joint employment would really only be triggered when there was direct oversight or a direct connection between the hotel and an outsourced component of a hotel operation, such as valet, housekeeping or security.” Given the shifting power dynamics within federal employment agencies since the recent election, many expect the strict joint-employment doctrine to be relaxed.