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Unfair Labor Practices The National Labor Relations Act Browning-Ferris Industries of California Inc.

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

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On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

Bass, Berry & Sims PLC

NLRB Issues New Rule Broadening Joint-Employer Status

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB issues "joint employer" regulations

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

Hinshaw & Culbertson - Employment Law...

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating...more

Hogan Lovells

NLRB issues new notice of proposed rulemaking on joint-employer standard

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On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

Spilman Thomas & Battle, PLLC

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act...more

Proskauer - Labor Relations Update

NLRB Plans to Revise Joint Employer Standard Once Again

On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more

Vinson & Elkins LLP

Back From The Dead – Protecting The Right To Organize Act Reintroduced In The House

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On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

Seyfarth Shaw LLP on

On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Hogan Lovells

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on

The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

Bricker Graydon LLP

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on

On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

Ballard Spahr LLP

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

Polsinelli

An End to the McDonald’s Joint Employer NLRB Litigation

Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Miles & Stockbridge P.C.

Not Out of the Woods Yet: NLRB Vacates Employer-Friendly Joint Employer Standard

During the brief period in late 2017 when there was a 3-2 Republican majority on the National Labor Relations Board, the Board issued a few decisions undoing some of the most union- or employee-friendly decisions of the...more

Fisher Phillips

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

Benesch

Flurry of NLRB Activity Highlighted by Board’s Reversal of Browning-Ferris and Return to Prior Longstanding Joint Employer...

Benesch on

The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more

Fisher Phillips

Labor Board Overrules Unworkable Joint-Employer Test - Crucial Victory For Employers Halts Labor’s Momentum

Fisher Phillips on

The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more

FordHarrison

The Trump Board Signals Changes to Come

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In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration....more

Akerman LLP - HR Defense

Catch-22 for Franchisors: The Joint Employment Dilemma

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

Mintz - Employment, Labor & Benefits...

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

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