On Thursday, the NLRB overruled the 2015 Browning-Ferris decision that made employers potentially liable for violations carried out by their subcontractors and franchisees, saying the earlier decision was a “distortion of common law”. Organizations like the free-market Competitive Enterprise Institute, the National Retail Federation, and the National Restaurant Association commended the board’s move to distance companies’ from the potentially illegal actions taken by their subcontractors. The decision went through in a 3-2 vote, with Trump’s two new appointees Marvin Kaplan and William Emanuel voting in favor along with outgoing Chairman Philip Miscimarra, who is set to leave on Sunday. Mark Gaston Pearce and Lauren McFerran, both Democrats, voted against the decision.
See "NLRB reverses Obama-era ruling on employers’ liability for subcontractors", Dave Boyer, The Washington Times, December 15, 2017