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Court Vacates New NLRB Joint Employer Rule

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

NLRB Vastly Expands Joint Employer Definition

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

New Jersey Companies Beware: New Requirements for Temporary Workers

New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more

Illinois Law Will Require New Disclosures When Using Temporary Labor

Gov. Pritzker has signed a law that will substantially amend the Illinois Day and Temporary Worker Services Act. The amendments take effect immediately....more

Ten Things That Should Be in Your Staffing Agency Agreements But Probably Aren’t

Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You...more

Not Your Godfather’s Smackdown: Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more

NLRB Makes Up More New Rules on Joint Employment

Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But...more

Labor Department Announces Plan to Find Joint Employment — in All Directions

When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going. The Wage and Hour Division needs no map to find where it...more

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective...more

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation...

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the...more

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