Dive Brief:
- Unhappy with an August 2015 NLRB decision, Microsoft Corp. has asked a federal court to throw out a ruling that extends responsibility of employers for contract workers, according to Reuters.
- In that decision, the NLRB expanded the definition of a "joint employer," which could require more companies to bargain with and have liability for workers hired by contractors. Microsoft's says having to follow that rule would negatively impact its use of contract workers.
- The case is now before the U.S. Court of Appeals for the D.C. Circuit., Reuters reports.
Dive Insight:
Microsoft and industry group HR Policy Association submitted a joint brief this week voicing their opposition to the NLRB's ruling in a case involving California waste management company Browning-Ferris Industries, a subsidiary of Republic Services Inc.
However, labor law experts don't necessarily agree with the business community's perspective, noting that corporate social responsibility policies calling for minimum employee benefits – which Microsoft requires of companies who supply contract workers – probably won't make companies a joint employer under the NLRB’s ruling.
“The board’s decision could use some clarification but does not jeopardize a company’s corporate responsibility policy for its vendors and suppliers, providing Microsoft or other brands do not control or purport to control day-to-day labor and personnel decisions of the suppliers,” Samuel Estreicher, director of New York University’s Center for Labor and Employment Law, told Reuters.
