Labor Board's New 'Joint Employer' Standard Offers College Football Players a Second Chance

Marking a victory for workers, on August 27, the National Labor Relations Board (NLRB) issued a highly anticipated decision in the case of Browning-Ferris Industries, updating its overly restrictive standard for determining "joint employer" status for purposes of collective bargaining. The decision responds to the increasing reliance on contingent work arrangements that often involve multiple employers, and reflects the Board's recognition that its application of labor law must be adjusted to address the realities of today's economy. Much of the news coverage of the decision has focused on what it could mean for fast-food establishments, like McDonald's, whose joint employer status - as a big corporate franchisor exercising control over employees of its local franchisees - is currently pending review before the NLRB. Yet it's also worth exploring what the new joint employer standard means, if anything, for college football players seeking to collectively bargain.