Joint-Employer Status Under the NLRA after Browning-Ferris and Miller & Anderson
Structuring Agreements With Subcontractors, Independent Contractors and Contingent Workers to Minimize Joint Employment Risks
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review the latest developments under the NLRA on determining joint-employer status since the NLRB's seminal Browning-Ferris ruling and its recent Miller & Anderson decision. Our panel will discuss the implications of these decisions on the manner in which businesses use contingent workers, and will offer practical and strategic approaches for structuring agreements with subcontractors, independent contractors and contingent workers to minimize joint employment risks.
- Legal framework for joint-employer liability
- Impact of Browning-Ferris
- Impact of Miller & Anderson
- Evaluating existing structure, operations, agreements and practices
- Best practices for minimizing risk of being deemed a joint-employer
The panel will review these and other key issues:
How have the NLRB’s rulings in Browning-Ferris and its progeny changed the legal standard governing joint-employer status?
What agreement provisions and business practices create the most risk of being found to be a joint-employer?
How should companies consider structuring operations and revising their practices and agreements to avoid joint-employer liability under both Browning-Ferris and Miller & Anderson?
How has the NLRB’s expanded definition of joint-employer liability impacted the employer-employee relationship beyond the reach of the NLRA—such as equal employment opportunity and wage and hour laws?
James W. Bucking
Mr. Bucking represents corporations and other employers in union disputes, complex employment litigation and other... | Read More
Mr. Bucking represents corporations and other employers in union disputes, complex employment litigation and other labor and employment matters. He has extensive experience representing management at the bargaining table in union negotiations and litigating labor disputes in court, before arbitrators and at the NLRB. Mr. Bucking also advises clients on day-to-day personnel matters, drafts employment agreements and policies, and assists with sexual harassment and discrimination investigations.Close
Mark G. Kisicki
Ogletree Deakins Nash Smoak & Stewart
For 25 years, Mr. Kisicki has helped companies deal with a broad range of issues that affect them as employers,... | Read More
For 25 years, Mr. Kisicki has helped companies deal with a broad range of issues that affect them as employers, including union avoidance campaigns and employment-related litigation. He has successfully represented clients in union avoidance campaigns in a broad range of industries including financial services, transportation, health care, defense, manufacturing, communications, solid waste and services and has successfully represented clients in jury and bench trials and NLRB adjudication proceedings. Mr. Kisicki has represented clients in some of the most significant cases before the NLRB and is a frequent speaker on labor and employment issues.Close
Jennifer Platzkere Snyder
Ms. Snyder represents public and private sector employers in addressing all aspects of labor and employment law,... | Read More
Ms. Snyder represents public and private sector employers in addressing all aspects of labor and employment law, including traditional labor-management relations, employment discrimination, sexual harassment, restrictive covenants and trade secret disputes, whistleblowing, executive employment agreements, wage and hour audits, personnel policies, reductions-in-force, and employee discipline and discharge matters. She provides practical guidance to employers on avoiding litigation risks where possible, and aggressively litigates disputes before federal and state courts, administrative agencies and arbitrators.Close