News & Analysis as of

The National Labor Relations Act Public Comment

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
DirectEmployers Association

OFCCP Week In Review: October 2023 #3

Sunday, October 1, 2023: OFCCP Discrimination Enforcement Statistics Hit New Lows - As federal Fiscal Year 2024 began on October 1, Fiscal Year 2023 ended on a down note for OFCCP as its enforcement statistics went even...more

Dorsey & Whitney LLP

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

Benesch on

On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Perkins Coie

NLRB Prepares To Issue New Joint Employer Standard in 2023

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The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Venable LLP

National Labor Relations Board Proposes New Joint Employer Definition

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​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more

Akerman LLP - HR Defense

NLRB Proposes New Joint Employer Rule

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

Nelson Mullins Riley & Scarborough LLP

NLRB Proposes to Expand Joint-Employer Liability Standard

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

Franczek P.C.

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Jones Day

The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

Jones Day on

In Short - The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more

DirectEmployers Association

OFCCP Week In Review: September 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

Burr & Forman on

Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Fisher Phillips

Snapshot on Manufacturing Industry: New Joint Employer Rule Could Spell Trouble for Manufacturers

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

Bradley Arant Boult Cummings LLP

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

McNees Wallace & Nurick LLC

NLRB Issues Proposed Rule for Determining Joint-Employer Status

Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more

Obermayer Rebmann Maxwell & Hippel LLP

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

​​​​​​​For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

Steptoe & Johnson PLLC

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

Bond Schoeneck & King PLLC

NLRB Proposes New Rule That Would Expand the Scope of Joint Employment

On Sept. 6, 2022, the National Labor Relations Board (Board) released a Notice of Proposed Rulemaking that would revise the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The...more

DirectEmployers Association

OFCCP Week In Review: April 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Benesch

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

Benesch on

Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Littler

NLRB Considers Rulemaking on Virtual Hearings

Littler on

On November 4, 2021, the National Labor Relations Board (NLRB) issued an Advance Notice of Proposed Rulemaking (ANPRM), soliciting public comments regarding potential revision of the Board’s rules and regulations to...more

DirectEmployers Association

OFCCP Week In Review: September 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: July 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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