Temporary Employees

News & Analysis as of

The NLRB Eases the Way for Temporary Employees to Unionize

On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

[Webinar] Is That My Employee? Multi-Employer, Joint-Employer, Independent Contractors and Temp Workers - August 16th, 1:00pm EDT

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more

Affordable Care Act Mid-Year Checkup: Count Your Contingent Workers

The ACA requires “applicable large employers” (those with 50 or more employees) to offer health coverage meeting affordability and other standards to their full-time employees. Failing to offer minimum essential coverage to...more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company

As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another...more

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &...more

The Latest in Labor: NLRB Update, Part One

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit...more

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

NLRB Expands Temporary/Contingent Worker Organizing Rights

The Board’s recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of “user” and “supplier” employees much more easily than before....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

Board Decision Ushers In New Era of The Unionized Temp

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps

Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of...more

NLRB Ruling Makes It Easier to Organize Temporary Workers

On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that...more

NLRB Makes it Easier to Unionize Temporary Workers

On Monday, the National Labor Relations Board made it easier for unions to organize temporary workers in a 3-1 decision in the case Miller & Anderson. In doing so, the Board reversed its ruling in Oakwood Care Center, 343...more

NLRB Reverses Rule Regarding Temporary Employees

In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more

NLRB Holds That Unions Can Organize Temp/Contract Workers Together With Host Employer’s Workers

Temporary, contracted-for, or leased employees who are employed by a “supplier,” but are assigned to work at another employer’s premises, currently comprise as much as 5% of American workers, and are among the fastest growing...more

NLRB: Unions may organize permanent and temporary workers without employers' consent

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues

The National Labor Relations Board (NLRB) will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a...more

Christmas in July: The NLRB Delivers Another Gift to Help Unions Organize Employees

The National Labor Relations Board has once again delivered a blow to employers by overturning a decision (and standard) that required the consent of a regular employer and the employer of temporary staff to allow both sets...more

NLRB Makes it Easier for Temporary Workers to Unionize

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

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