In a 3-2 decision, the NLRB majority concluded that the former standard, which required a joint employer’s direct and immediate control, was inconsistent with the realities of today’s workforce. Under the new joint employment standard, indirect control (e.g. through an intermediary or preserved through contracts) will be sufficient even if that control has never been exercised. NLRB applied this new, expanded standard retroactively to the BFI case and determined that BFI was a joint employer of Leadpoint’s employees for the following reasons. With regard to hiring, BFI maintained obligatory selection guidelines, including requiring employees to pass a drug test, prohibiting Leadpoint from hiring former BFI employees who were ineligible for
