“Now, in obvious response to the rescission of the Hy-Brand decision, the [National Labor Relations Board (NLRB)] has announced that it will consider rulemaking on the joint employer standard and that the internal process necessary to do so is already underway. Because any proposed rule will only require approval by a majority of the five-member Board, the Republican-appointed majority will likely be successful in overturning the BFI standard again, albeit through a far slower and less traveled process. The current Board is likewise continuing to monitor new cases that present an opportunity to revisit the joint employer standard. We will continue to provide updates as developments occur.
