With the Trump administration's attempt to use a case involving Hy-Brand Industrial Contractors to overturn the National Labor Relations Board's 2015 Browning-Ferris decision now in legal limbo, attorneys say the board's general counsel, Peter Robb, may revisit the standard through a different case.

In Orchids Paper Products Co., case number 14-CA-184805, paper towel maker Orchids is challenging a ruling that the company jointly employed temporary workers whom People Source Staffing Professionals LLC provided to work at Orchids' Oklahoma paper converting plant.

And in Preferred Building Services Inc. and Rafael Ortiz, case number 20-CA-149353, Preferred and Ortiz, through his Ortiz Janitorial Services, are challenging a ruling that they were joint employers of janitorial workers whom OJS provided to Preferred to clean San Francisco buildings.

Steven Suflas, managing partner of Ballard Spahr LLP's Denver and Boulder offices, said that Preferred may be the better option of the two because NLRB Administrative Law Judge Mary Cracraft's ruling in that case includes "the most fulsome discussion of the issues." Judge Cracraft is a former board member, he noted.

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