CNN Slams NLRB’s ‘Preposterous’ Argument in Joint-Employer Case
A team from Littler Mendelson was on a friend-of-the-court brief for the U.S. Chamber of Commerce.
“The board majority failed to acknowledge its imposition of a new joint-employer test in this case,” the Littler Mendelson attorneys wrote in the brief. “Instead, in a footnote in its decision, the board criticized three decades of its own precedent requiring direct and immediate control, but did not overrule that precedent.”
The U.S. Chamber’s brief said the NLRB ruling created a situation where “CNN now faces extensive liability for charges filed on behalf of employees of another separate and independent company.”
The business community has pointed to the need for legislation to clarify the joint employer uncertainty in the wake of Browning-Ferris. U.S. Rep. Bradley Byrne, R-Alabama, has filed a bill that would rewrite the joint-employer standard to rollback the decision.
