News & Analysis as of

Browning-Ferris Industries of California Inc.

CNN Joint-Employer Appeal Goes Against NLRB; Employers Embrace Decision, But Issue Remains Unresolved

by Best Best & Krieger LLP on

The National Labor Relations Board suffered a minor blow to its effort to expand its joint employer standard when the U.S. Court of Appeals for the District of Columbia Circuit declined to enforce the Board’s decision in CNN...more

D.C. Circuit Rejects Labor Board Joint Employer Determination

by Littler on

On August 4, 2017, the U.S. Court of Appeals for the District of Columbia Circuit refused to enforce a holding by the National Labor Relations Board (Board) that the Cable News Network (CNN) was a joint employer. In the...more

House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris

by Fox Rothschild LLP on

The joint employer possibility is a dangerous one for employers, as two related (or semi-related) entities may be held liable for overtime monies if the hours worked by employees at the two (or more) entities exceed 40. Now,...more

Save Local Business Act Would Clarify “Joint Employer” Liability Under FLSA and NLRA - Legislation Introduced in House of...

by Best Best & Krieger LLP on

The “Save Local Business Act” — recently introduced in the U.S. House of Representatives — would provide much-needed clarification on the circumstances under which an entity can be liable as a joint employer under two federal...more

House Introduces Bipartisan Bill Designed to Ease Joint Employer Uncertainty

by Littler on

On July 27, 2017, House Republicans unveiled a bill, entitled the Save Local Business Act, that would amend two labor and employment statutes to clarify when an entity can be deemed a “joint employer.” At a press conference...more

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

by Fisher Phillips on

Employers across the country should collectively cross their fingers and hope that HR 3441, also known as the “Save Local Business Act,” becomes law in the near future. The bill, introduced in the House of Representatives...more

House Hearing Explores Legislative Remedy to Joint Employer Confusion

by Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractor Misclassification

Last week, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance documents. In 2015, the Department issued guidance regarding the misclassification of...more

Franchise Law: Burden of Joint Employer Just Got a Little Lighter

by Lewitt Hackman on

Direct control, indirect control…these are the employment litigation phrases that had franchisors cowering in duck-and-cover positions over the last few years. But the Department of Labor just issued a statement to breathe...more

Employment Alert: "Joint Employer and Independent Contractor Classifications"

by Porter Hedges LLP on

On Wednesday, June 7, 2017, the U.S. Department of Labor (“DOL”) withdrew two administrator interpretations published during the Obama Administration that had significantly narrowed the definition of independent contractor...more

Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance

by Miller & Martin PLLC on

The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more

USDOL Withdraws Joint Employment and Independent Contractor Guidance

by FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

The U.S. Department of Labor Withdraws Obama-Era Guidance Regarding Independent Contractor versus Employee Classification

by Hirschfeld Kraemer LLP on

As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an...more

Department of Labor Rescinds Two Memos Broadening Joint Employer Liability - Impact on Court Decisions is Unclear

by Best Best & Krieger LLP on

The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

by Franczek Radelet P.C. on

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Turning Back the “Joint Employment” Clock

by Barley Snyder on

Determining the existence of joint employer liability has returned to its previous status as the U.S. Department of Labor withdrew Obama-era informal guidance on this topic....more

The U.S. Department of Labor Rolls Back Obama-Era Guidance on Joint Employers and Independent Contractors

The U.S. Department of Labor (“DOL”) announced today that it was rolling back an Obama-era policy that attempted to increase regulatory oversight of joint employer and contractor businesses....more

Labor Department Withdraws Independent Contractor Misclassification Guidance Issued in 2015: What Does this Mean for Businesses...

by Pepper Hamilton LLP on

Earlier yesterday, the U.S. Department of Labor issued a short, 3-sentence News Release where the recently-confirmed Labor Secretary, Alexander Acosta, announced that he has withdrawn the Labor Department’s formal guidance on...more

Parting of the Joint Employers: Trump DOL Withdraws Past Guidance on Independent Contractor Standards and Joint Employment

Yesterday the U.S. Secretary of Labor Alexander Acosta announced the Department of Labor’s withdrawal of guidance on independent contractors and joint employer liability issued in 2015 and 2016 by the Obama administration...more

Bellagio v. NLRB: the DC Circuit Reins in the NLRB’s Expansive Take on Weingarten Rights, and a Sign of (NLRB) Things to Come

by Hirschfeld Kraemer LLP on

Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las Vegas did not interfere with a bellhop’s...more

Direct Employer or Joint Employer – Isn’t Employment Just Employment?

by Garvey Schubert Barer on

Both the courts and the National Labor Relations Board (NLRB) seem to keep changing the definitions of joint employment. It is no wonder this has left employers scratching their head about the situation. The cause for this...more

NLRB Ruling on Joint Employers Should be Reversed, Congressional Republicans Urge

by Jackson Lewis P.C. on

Two years after the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), which overturned 30 years of precedent, 57 members of Congress, mostly Republicans,...more

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

by Foley & Lardner LLP on

It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts....more

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Recent Developments in the NLRB’s Joint and Single Employer Doctrines

by Morgan Lewis on

Highlights of recent developments relevant to all employers. The National Labor Relations Board (NLRB or Board) is poised to return to a Republican majority, which likely will result in a change in labor law philosophy....more

214 Results
|
View per page
Page: of 9
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.