October 01, 2019 Feature

The Uncertainty of Browning-Ferris and the Joint-Employer Test

Gavril T. Gabriel

For businesses using staffing firms, utilizing contractors, or otherwise operating through varied partnership arrangements or franchises, and for those who provide temporaries or other contingent workers, the past few years have raised uncertainty about who is an employer for labor issues. When it comes to determining potential responsibilities in union recognition, duties to bargain, and unfair labor practice claims, determining who has the duty as an employer has been a moving target.

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