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New NLRB 'Joint Employer' Rule Faces Legal Challenge

by Dana A. Kravetz
Hotel Management
May 31, 2016

Dana Kravetz’s article, "New NLRB 'Joint Employer' Rule Faces Legal Challenge," was published in Hotel Management on May 31, 2016.

From the article…

Hoteliers still reeling from the National Labor Relation Board’s dramatic change to the legal test for joint employer liability may find some solace in the fact that this issue is destined for appellate review. In August 2015, the NLRB threw a mammoth monkey wrench in the traditional hotel franchisor/franchisee model when, in its highly controversial Browning-Ferris Industries of California decision, it revised the test for the joint employer doctrine, dramatically easing the criteria for a company to be considered a joint employer. BFI has now filed an appeal with the U.S. Court of Appeals for the D.C. Circuit in an attempt to overturn the NLRB’s new joint employer standard.

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