News & Analysis as of

Browning-Ferris Industries of California Inc.

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

NLRB’s New Joint Employer Standard Receives Chilly Reception During Court of Appeals Hearing

by Jackson Lewis P.C. on

The National Labor Relations Board’s new, expanded “joint employer” standard faced sharp criticism during oral argument at the United States Court of Appeals for the District of Columbia Circuit. In Browning-Ferris,...more

D.C. Circuit Questions Validity of the NLRB’s Joint Employer Standard

In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer...more

Oral Arguments Held in Browning-Ferris International v. NLRB

by Littler on

On Thursday, March 9, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held long-awaited oral arguments in Browning-Ferris International v. NLRB. The case will be critical in defining joint employment...more

Appellate Challenge of NLRB's New Joint Employer Standard Moves Forward

by Best Best & Krieger LLP on

The National Labor Relations Board’s adoption of a new standard for determining when two separate entities can be considered joint employers under the National Labor Relations Act will be the issue before the U.S. Court of...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side...more

A Step in the Right Direction

by Bass, Berry & Sims PLC on

On Thursday, January 26, President Trump named Republican Phillip Miscimarra as acting Chairman of the National Labor Relations Board (the Board). Miscimarra was the sole remaining Republican on the Board, along with two...more

NLRB Joint Employer Case Will Be Heard by Federal Appeals Court on March 9

by Jackson Lewis P.C. on

Oral argument on Browning-Ferris Industries of California, Inc.’s appeal seeking to overturn the National Labor Relations Board’s landmark joint employer decision, Browning-Ferris Industries of California, Inc., 362 NLRB No....more

Labor Law 2016: A Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

2016/2017 Labor & Employment Observer

by Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

The Practical NLRB Advisor - Issue 4, Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

Labor Relations Today: 2016 Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

by Snell & Wilmer on

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

Catch-22 for Franchisors: The Joint Employment Dilemma

by Akerman LLP - HR Defense on

As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more

Joint Employer Rule: Is Guidance on the Way?

by Foley & Lardner LLP on

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Browning-Ferris Appeals the NLRB’s Revised Joint-Employer Test

In August of this year, the National Labor Relations Board (NLRB) revised its joint-employer test, which has incited much debate from employers across the country. The newly developed test permits a worker to be considered an...more

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Joint / Related / Common Employers: Are You at Risk

by Dickinson Wright on

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

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