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Joint Employers and Successorship: The NLRB Speaks

Course Number
ODLEL104

The NLRB issued two important and hotly debated decisions: Browning Ferris on joint employers and GVS Properties on successorship. These decisions clarify the criteria concerning who is an employer within the meaning of the Act.  Specifically, an employer with the “right to control” its sub-contractor’s employees—whether exercised or not—is now covered, as is the purchaser of a business with a union in a jurisdiction with a worker retention law.

Our panel of experts included:

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Course

The NLRB issued two important and hotly debated decisions: Browning Ferris on joint employers and GVS Properties on successorship. These decisions clarify the criteria concerning who is an employer within the meaning of the Act.  Specifically, an employer with the “right to control” its sub-contractor’s employees—whether exercised or not—is now covered, as is the purchaser of a business with a union in a jurisdiction with a worker retention law.

Our panel of experts included:

  • Lauren McFerran, Board Member, NLRB, and former Chief Labor Counsel and Deputy Staff Director for the Senate Committee on Health Education, Labor and Pensions (HELP);
  • Marshall B. Babson, Counsel, Seyfarth Shaw LLP;
  • Daniel J. Ratner, Partner, Levy Ratner, P.C.;
  • James G. Paulsen, Regional Director, NLRB, Region 29

This program is a recording of a live presentation made on Friday, October 9, 2015.

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