[20190107]LSB10241_D、 C.电路在年终决定中确认联合雇主标准.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i D.C. Circuit Affirms Joint Employer Standard in End-of-Year Decision January 7, 2019 In one of its final opinions for 2018, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the joint employer standard established for collective bargaining purposes by the National Labor Relations Board (NLRB or Board) in an August 2015 decision that received significant attention from the business community, as well as Congress. Critics of the standard, which allows for consideration of a putative joint employers indirect or reserved control over a group of workers, have argued that it creates uncertainty about when two entities will be considered joint employers for purposes of the National Labor Relations Act (NLRA). In Browning-Ferris Industries of California v. NLRB, however, the D.C. Circuit maintained that the standards consideration of an entitys indirect or reserved control has extensive support in the common law of agency. Nevertheless, the court returned the case to the Board, finding that the agency “did not confine its consideration of indirect control consistently with