(January 2, 2019, 12:21 PM EST) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Dec. 28 ruled 2-1 to uphold the National Labor Relations Board’s right-to-control element of its joint employer standard but reversed as to the NLRB’s application of the indirect-control element in the present case due to the board’s failure to distinguish between aspects relevant to status as an employer and aspects related to common-law third-party contract relationships (Browning-Ferris Industries of California, Inc. v. National Labor Relations Board, No. 16-1028, D.C. Cir., 2018 U.S. App. LEXIS 36706)....