The National Labor Relations Board is dealing with the repercussions of reversing course on its decision to overturn Browning-Ferris, the 2015 ruling that expanded the definition of joint employer by determining that franchisors could be held liable with their franchisees for labor violations.

"It was somewhat surprising because the inspector general's report raises all kinds of questions in my mind. I worry this could have unintended consequences. I worry the effect will be you can’t get qualified practitioners on the board," said Ballard Spahr Partner Steven W. Suflas. "I don’t think there is anybody who knows how to advise their clients on the NLRB. No one could trust that anything filed today would get through the process before a political change."


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