The National Labor Relation’s Board decision regarding joint-employer status for workers formerly not classified as employees in the case of Browning-Ferris Industries of California, Inc. includes numerous implications for employment law. Here are 7 potentially important ones:
1. The Wage and Hour Division, and by extension, the FLSA, will likely look to this decision to expand who they charge in related employment violations.
2. In the past, many employers have tried to distance themselves from workers, thus avoiding an employer-employee relationship and limiting overhead by hiring employees through a secondary agency. This ruling will curtail those behaviors.