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Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

@Work: Your HR and Employment Law Update - December 2015

With 2015 almost wrapped up, it is a good time to highlight the cases and administrative guidance that packed the biggest punch in the workplace over the last year. Some of this year’s biggest decisions carried a common...more

Benesch @ Work - September 2015

In Browning-Ferris, Businesses Lose as the Board Crafts a Solution in Search of a Problem. Marking a sea change in labor law and a departure from decades of settled precedent, the National Labor Relations Board...more

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