Browning-Ferris Industries of California, Inc.'s appeal will be heard by the Court of Appeals for the District of Columbia Circuit on March 9, 2017. The appeal could overturn the previous court's landmark joint employer decision, which, under the NLRA, established a standard to determine joint employer status. The decision loosened the language that determined whether an employer had "control" over an employee's contract and bargaining terms. Under the new precedent set by the court, Browning-Ferris was found to be a joint employer with the company it subcontracted from.
See Kathleen M. Tinnerello, Howard M. Bloom, Philip B. Rosen, The National Law Review, January 25, 2017