The U.S. Chamber filed a coalition amicus brief in the D.C. Circuit arguing that the NLRB improperly departed from its own precedent when it found that CNN was a joint employer based on indirect control factors that were previously deemed insufficient to establish joint employment, and without any evidence of CNN’s actual control over the hiring, firing, discipline, supervision, and direction of its subcontractor’s employees. The brief explained that the NLRB’s decision flouts Congress’s intent to narrow the definition of “employer” and, if left in place, will adversely impact numerous industries, hindering business growth and job creation.
The brief was filed jointly with the Coalition for a Democratic Workplace, International Franchise Association, National Federation of Independent Business, National Association of Manufacturers and National Restaurant Association.
Maurice Baskin, Michael J. Lotito and Elizabeth Parry of Littler Mendelson, P.C. served as co-counsel for the amici.