Sherman & Howard Sherman & Howard

Patrick Scully Quoted in Law Week Colorado Regarding Recent Joint Employer Decision

Law Week Colorado quoted Sherman & Howard attorney, Patrick Scully, a member in the firm’s Labor & Employment Group. The article, “Ahead of New Rule, D.C. Circuit Upholds Obama-era Joint Employer Test” discusses the recent decision from the D.C. Circuit Court of Appeals on the joint employer rule. The decision partially grants enforcement to the NLRB’s decision in the Browning-Ferris Industries case that drastically altered the test that determined when separate companies can be declared “joint employers”.

Patrick explained that the D.C. Circuit’s opinion may further complicate the rule making process, as unions will argue that the court’s opinion should be adopted, even though the opinion failed to provide a final determination on the appropriate test for joint employment.

Read more about the case in our Labor & Employment blog.

The full article was published in the January 7 edition of Law Week Colorado.