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Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more

U.S. House Poised to Add Civil Penalties to National Labor Relations Act

With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more

House Passes Sweeping Labor Law Reform

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206.  One Democratic Representative voted against the bill; five...more

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.  Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

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

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

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

Oral Arguments Held in Browning-Ferris International v. NLRB

On Thursday, March 9, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held long-awaited oral arguments in Browning-Ferris International v. NLRB. The case will be critical in defining joint employment...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to...more

NLRB General Counsel Announcement on Joint Employer Status for Franchisors Could Have Significant Implications

In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent...more

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