Monday, February 26, 2018
Well, that didn't last long. Two months following its several of the Browning-Ferris joint-employer standard in Hy-Brand, the NLRB has vacated that recent decision. No, it wasn't a change of heart. Rather, the NLRB vacated Hy-Brand because its Inspector General recommended that action due what it viewed as the improper participation of Member Emanuel, who participated in the case despite the fact that his former firm represented one of the parties involved with the Browning-Ferris litigation, which was still involved in litigation that would be influenced by the NLRB's joint-employer standard.
Needless to say, as soon as JohnRing is confirmed--and he now has a hearing date of March 1--we will likely see Hy-Brand again under a different name.