The National Labor Relations Board on Monday retreated from its drive to overturn the Obama-era expanded "joint employment" standard, as questions mounted over whether a Trump-appointed member of the board violated ethics rules when he participated in a pending case.
The NLRB inspector general, David Berry, said in a report this month that William Emanuel should not have voted in the Hy-Brand case to overturn the Obama-era joint-employment standard. Berry said Emanuel's vote in the case revealed a "serious and flagrant" ethics problem at the agency. Emanuel's former law firm, Littler Mendelson, represented a party in the Obama-era case the Hy-Brand ruling overturned.
Chairman Marvin Kaplan, along with his Democratic colleagues Mark Gaston Pearce and Lauren McFerran, voted unanimously Monday to vacate the Hy-Brand decision. The move returns the board to the Obama-era precedent set in Browning-Ferris Industries, which opened a wider door for holding companies accountable for franchisees and contractors.
Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
