ABC released a statement in response to the National Labor Relations Board’s Aug. 27 ruling in the Browning-Ferris Industries of California case, which redefines who qualifies as a “joint employer” under the National Labor Relations Act.
“Today’s ruling overturns decades of standards that have worked both for business owners and employees,” said ABC Vice President of Government Affairs Geoff Burr. “The Board’s decision uproots 30 years of labor standards and imposes unnecessary barriers to and burdens on the contractor and subcontractor relationships throughout our industry.
“This ruling threatens both responsible contractors who have established sound workplace protocols and subcontractors by deeming them joint employers of the subcontractors’ employees,” said Burr. “Contractors may find themselves vulnerable to increased liability making them less likely to hire subcontractors, most of whom are small businesses, to work on projects.”
ABC has been a vocal opponent of radical changes to the joint employer standard and earlier this year sent a letter
expressing its opposition to changing the standard to the U.S. Senate’s Health Education, Labor and Pensions Committee. Additionally, the ABC-led Coalition for a Democratic Workplace last year sent a letter
to the U.S. House of Representatives Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions and filed an amicus brief
condemning the NLRB for creating unnecessary uncertainty throughout the business community.
ABC will continue to cover the Browning-Ferris decision in Newsline and will host a forthcoming webinar on the implications of the ruling.