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Baker Donelson

Congress Approves Resolution to Repeal National Labor Relations Board Joint Employer Regulations

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The U.S. Senate, in a 50-48 vote, approved a resolution to repeal the National Labor Relations Board's (NLRB) joint employer rule (the Rule). The U.S. District Court for the Eastern District of Texas invalidated the NLRB's...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

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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

Husch Blackwell LLP

NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

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Employers in the United States received a significant win on March 8, 2024 when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing...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

Baker Donelson

Federal Court Invalidates National Labor Relations Board Joint Employer Regulations

Baker Donelson on

The U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board's (NLRB) recent joint employer regulations on March 8, 2024. As things stand, the new regulations will not be put into...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

McGuireWoods LLP

What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status

McGuireWoods LLP on

On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more

FordHarrison

NLRB's Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know

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Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating...more

Davis Wright Tremaine LLP

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Proposes Rewidening of Joint-Employer Standard

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more

Miles & Stockbridge P.C.

NLRB Proposes to Broaden Joint Employment Standard

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

Vinson & Elkins LLP

D.C. Circuit Weighs in on the NLRB’s Joint-Employer Standard

Vinson & Elkins LLP on

Consider the following scenario: Your company uses a contractor staffing company to perform cleaning and maintenance tasks at one of its facilities. The contract with the staffing company allows your company to terminate the...more

BakerHostetler

Not Your Godfather’s Smackdown: Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

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In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...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

PilieroMazza PLLC

Court Vacates Key Parts of DOL “Joint Employer” Rule Months After Implementing

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On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA).  The court determined...more

Jackson Lewis P.C.

NLRB: Browning-Ferris Unjustly Found A Joint Employer

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The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

Perkins Coie

NLRB Will Restart Union Representation Elections April 6, 2020

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The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that, The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

Akerman LLP - HR Defense

NLRB Issues Joint Employer Final Rule

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

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