In an article for Human Resources Executive, Faegre Baker Daniels associate Ryan Funk expressed his thoughts on how the National Labor Relations Board views the joint-employer issue. After the recent Browning-Ferris decision, a company is now considered a “joint-employer” if they have effective control of significant working conditions.
The problem with the Browning-Ferris decision is that it could leave employers guessing for years -- even decades -- as judges refine interpretation of the new joint-employer standard, Funk said. "People practicing labor law are used to the changing standards, but . . . it creates uncertainty for everybody."