St. Louis Partner Jerry Hunter was quoted by Law360 regarding two recent decisions from the National Labor Relations Board (NLRB). The first article, Dec. 14, discussed the NLRB’s 3-2 decision to overturn its precedent for weighing the legality of employee handbook policies. The ruling makes a policy illegal if employees can reasonably construe it to keep them from exercising their rights under the National Labor Relations Act. “The Obama board basically found almost every work rule unlawful under the National Labor Relations Act,” said Hunter, who added that this decision “will clearly bring ... common sense back to the interpretation of work rules under the National Labor Relations Act.” The Dec. 15 Law360 article quoted Hunter regarding the NLRB’s decision to reinstate a stricter standard for determining joint employment. The standard, established in the Browning-Ferries Industries case, stated that a company and its contractors or franchisees can be deemed a joint employer even if the company has not exerted actual and direct control over the terms and conditions of employment of the contractor’s employees. “For 30 years, there was no problem with holding a respondent liable, including another employer. I thought [BFI] was unnecessary. The pre-BFI standard provided appropriate remedies,” said Hunter, who was general counsel of the NLRB in Washington, D.C., from 1989 until 1993.