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The Labor Angle

In a very recent decision the National Labor Relations Board (Board) held that two separate construction contractors constituted a single employer and a joint employer under labor law. Both entities were, therefore, jointly...more

2016: What’s on the Horizon for Salary Thresholds Under the FLSA, Employee Handbooks and the NLRB

There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Joint Employers Under Labor Law

On August 27, 2015, the National Labor Relations Board (Board) changed the standard that has existed for many years for determining whether two or more entities are “joint employers” of the same employees....more

8/31/2015  /  Control Test , Joint Employers , NLRB , NRLA

NLRB Expected to Issue Decision on “Joint Employers”

The National Labor Relations Board is expected to issue a decision in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard for finding that two or more entities...more

Joint Employers in the Building and Construction Industry

On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more

Joint Employers Under NLRB Law

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

General Counsel of the NLRB Opens the Door for Franchisors to be Liable for the Actions of their Franchisees

In a directive that has rocked the franchise world, the National Labor Relations Board (NLRB or the Board) Office of the General Counsel determined that McDonald’s USA, LLC, as the franchisor, could potentially be held liable...more

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