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NLRB vacates 'joint-employer' decision

The National Labor Relations Board on Monday retreated from its drive to overturn the Obama-era expanded "joint employment" standard.

By Erin Mulvaney | Updated on February 27, 2018
William Emanuel, formerly of Littler Mendelson, testifies at his confirmation hearing in July 2017. (Photo: Diego M. Radzinschi/ ALM)

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.

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