In the June 2016 issue of Plaintiff Magazine, Minami Tamaki LLP attorneys Lisa P. Mak and Aron K. Liang examine the National Labor Relations Board’s new Browning-Ferris standard, which may apply to 40 percent of the U.S. workforce.

Lisa and Aron are Associates in our firm’s Consumer and Employee Rights Group.

In August 2015, in the 3-2 decision of Browning-Ferris Industries of California, Inc., the National Labor Relations Board (“NLRB” or the “Board”) revised its current standard for assessing joint employer status for purposes of collective bargaining under the National Labor Relations Act (“NLRA”).

Under the newly clarified standard, two or more employers can be found as joint employers of the same employees if those employers “share or codetermine those matters governing the essential terms and conditions of employment.” The decision shifted from prior Board opinions in stating that a putative employer’s right to control the essential terms and conditions of employment is probative of an employment relationship, whether or not that control is actually exercised. Also, under the new standard, such control does not need to be exercised directly and immediately to be relevant to joint-employer status.

Download the PDF of the article.

Lisa has many years of experience representing employees across a broad range of industries for all types of employment disputes, including claims for discrimination, harassment, retaliation, defamation, and wage and hour violations.

Aron has over ten years of experience as a class action litigator, handling a wide variety of employment, consumer protection, antitrust, and securities litigation for aggrieved employees and consumers.

Lisa and Aron both graduated from UC Hastings and were selected as Super Lawyers Rising Stars since 2015.