CIHLER Roundtable Investigates Joint Employer Issues

The recent so-called “joint employer” ruling has created a human resources earthquake for franchisors and companies that lease employees. The NLRB’s ruling that Browning-Ferris Industries (BFI) employees were joint employees with Leadpoint, a staffing services firm, was based on the concept of each firm’s indirect control over the employees.

Invited participants from academe and industry will address the issues stemming from the joint employer doctrine and consider future research issues. The roundtable will take place on April 18 and be chaired by CIHLER Director David Sherwyn, the John and Melissa Ceriale Professor of Hospitality Human Resources.

Roundtable sessions will consider the following topics: (1) whether there’s a template for leasing employees and not being a joint employer after BFI; (2) who could be considered the joint employer when a “work rule” fits into both the brand standards and employees’ terms and conditions of employment; and, more generally (3) whether the control test enunciated in BFI is the best way to effectuate positive public policy.