January 7, 2019 / 1:17 PM / a month ago

Q&A: Ogletree’s Kisicki on the impact of D.C. Circuit's 'confusing' joint employment ruling

A long-awaited U.S. appeals court ruling on the National Labor Relations Board’s Obama-era standard for determining when companies are liable for the labor law violations of their contractors or franchisees has only added more confusion to an already complex issue, and will complicate the agency’s pending proposal to overhaul the test, according to Mark Kisicki, a management-side labor lawyer.

The Dec. 28 decision from the U.S. Court of Appeals for the D.C. Circuit’s involving sanitation company Browning-Ferris Industries Inc provides a blueprint for unions and others to challenge the NLRB’s September proposal to narrow its definition of joint employment once it is adopted, says Kisicki, a Phoenix-based shareholder at Ogletree Deakins Nash Smoak & Stewart.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2ABkQin

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