New England Biz Law Update
The National Labor Relations Board has ruled that a waste management company is a joint employer of workers supplied by a staffing agency, reaffirming its 2015 decision after more than a decade of litigation.
The Browning-Ferris decision follows instructions from the D.C. Circuit Court of Appeals, which twice remanded the case back to the Board.
In complying with the court’s directive, the NLRB applied its broader 2015 framework under which an employer may be deemed a joint employer if it possesses or reserves the authority to control, directly or indirectly, essential terms and conditions of employment.
Importantly, the Board emphasized that this ruling applies only to the Browning-Ferris case itself, not to cases arising after the effective date of the Board’s 2020 joint-employer rule.
Separately, on February 26, 2026, the NLRB formally reinstated the 2020 joint-employer standard after withdrawing the vacated 2023 rule.
The 2020 rule remains the governing test for current and future cases.
Under that standard, an entity is considered a joint employer only if it exercises substantial direct and immediate control over essential employment terms.
The Browning-Ferris ruling resolves a legacy dispute and does not alter the 2020 joint-employer standard currently in effect.
