Issue: Labor
Court: U.S. Court of Appeals for the DC Circuit

RLC's Position:
The RLC joined an amici brief filed by the U.S. Chamber of Commerce with the DC Circuit asking the court to recognize that the NLRB’s new definition of “joint employer” does not comport with the common law definition and therefore is beyond the scope of the agency’s authority under the National Labor Relations Act. 

Procedural History and Case Documents

  • Browning-Ferris Industries (BFI) petition for review filed January 2016.
  • BFI Opening Brief filed June 2016
  • RLC Amici Brief filed 2016
  • Oral arguments March 2017
  • Decided December 2017
Case Outcome:

The National Labor Relations Board overruled the Board's 2015 decision and returned to the pre-Browning Ferris standard that governed joint-employer liability.