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Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status

The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more

Top Five Labor Law Developments for November 2021

1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

NLRB: Browning-Ferris Unjustly Found A Joint Employer

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

NLRB Continues To Relax Restraints On Workplace Investigations Confidentiality

The National Labor Relations Board (NLRB) continues to relax restrictions on rules requiring confidentiality of ongoing workplace investigations. Securitas Security Services USA, 369 NLRB No. 57 (Apr. 14, 2020). Section 7 of...more

NLRB Files Complaint Against Oregon Over Law Banning Employer Captive Audience Meetings About Unions

An Oregon law that arguably prohibits employers from requiring employees to attend mandatory meetings to hear the employer’s views regarding unions and the National Labor Relations Board (NLRB) process is unlawful, the NLRB...more

Labor Board Issues Final Rule For Determining Joint-Employer Status

The National Labor Relations Board (NLRB) has published its final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several...more

Top Five Labor Law Developments For January 2019

1.The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB...more

Top Labor Law Developments For August And September 2018

President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who...more

Top Five Labor Law Developments For July 2018

1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more

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