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Federal Court Strikes Down NLRB’s New Joint Employer Rule, Leaving 2020 Rule in Place for Now

On March 8, 2024, a federal district court in Texas vacated the National Labor Relations Board’s 2023 joint employer rule. The 2023 rule, which was set to take effect on March 11, would have expanded the joint employer test...more

National Labor Relations Board Tightens Standard for Joint Employer Status

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Whiplash on the Browning-Ferris Wheel: NLRB Vacates Recent Hy-Brand Decision and Reverts to Obama-Era Joint Employer Standard

If you are experiencing whiplash from the National Labor Relations Board’s wild ride of a year, you are not alone. In a surprising turn of events, on February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial...more

The Race to Change the NLRB's Joint Employer Standard Is Over. And the Winner Is . . .

After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more

NLRB Dramatically Expands Joint Employer Standard in Browning-Ferris Industries of California, Inc.

On August 27, 2015, a divided (3-2) National Labor Relations Board (NLRB) changed the standard for joint employment under the National Labor Relations Act (NLRA) in its lengthy Browning-Ferris Industries of California, Inc....more

Game-Changing Developments Threaten Franchise Business Model

The National Labor Relations Board (NLRB) and Service Employees International Union (SEIU) have been coordinating attacks on the franchise business model. These activities were a primary focus for all attendees at the May...more

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