Reuters Legal quotes Professor William Gould on the implications of a recent ruling by the National Labor Relations Board on the definition of joint employers. 

A new advice memo from the National Labor Relations Board is being parsed by industry groups and labor activists for clues on how the board will apply the ‘joint employer’ standard ahead of a long-awaited board decision on the issue.

Barry Kearney, associate general counsel at the NLRB, published a memo last month that found Canadian “fast-casual” food chain Freshii was not a joint employer with one of its franchisees called Nutritionality in Chicago.

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William Gould, a professor emeritus at Stanford Law School and former chairman of the NLRB, said Kearney’s memo is not inconsistent with Griffin’s approach and that the outcome in the Browning Ferris case is anyone’s guess.

”All this advice memo highlights,” Gould said in an interview on Thursday, “is that each case is going to be determined by their particular fact determinations.”