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Administrative Procedure Act Joint Employers

Benesch

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

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Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Proskauer - Labor Relations Update

BREAKING: NLRB Drops Attempt to Revive 2023 Joint-Employer Rule

On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of...more

DirectEmployers Association

OFCCP Week In Review: May 2024 #2

Monday, April 13, 2024: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection - OFCCP published in the Federal Register Notice of a 30-day public comment period...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

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The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more

Foley & Lardner LLP

Texas Court Strikes Down NLRB’s Latest Joint Employer Rule

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As most employers are aware, last year the National Labor Relations Board (NLRB or “the Board”) published its final rule on joint employer status (the “Final Rule”). The Final Rule focuses on shared control, including...more

Foley & Lardner LLP

New NLRB Joint Employer Rule Stayed Until March 11, 2024

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On October 26, 2023, the National Labor Relations Board (the NLRB or the “Board”) issued its heavily-anticipated final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National...more

Proskauer - Labor Relations Update

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

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

Beltway Buzz - October 2023 #4

Fourth Time’s a Charm. After three-plus weeks and three failed nominees, on October 25, 2023, the U.S. House of Representatives elected Mike Johnson (R-LA) to be the Speaker of the House by a vote of 220–209. Johnson, the...more

Cozen O'Connor

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control

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On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers...more

Jackson Lewis P.C.

Labor Department Formally Withdraws Trump-Era Joint Employer Final Rule

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In an action anticipated since it issued its Notice of Proposed Rulemaking in March, the U.S. Department of Labor (DOL) officially has withdrawn the Joint Employer Final Rule published during the previous administration. The...more

Foley Hoag LLP

U.S. Department of Labor Rescinds Trump Joint Employer Rule

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On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more

ArentFox Schiff

DOL Rescinds Trump-Era Joint Employer Rule

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It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefits another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business trust,...more

Constangy, Brooks, Smith & Prophete, LLP

Second Shoe Drops On Trump “Joint Employer” Regulations Under FLSA

On July 30, the U.S. Department of Labor published a final rule under the Administrative Procedure Act that rescinds regulatory changes that governed when “joint employer” status arises under the Fair Labor Standards Act. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

Jones Day on

The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

Troutman Pepper on

Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Foley & Lardner LLP

DOL’s Ruling on Joint Employment

Foley & Lardner LLP on

This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

Carlton Fields on

On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Foley & Lardner LLP

Joint Employer Rule Struck Down

Foley & Lardner LLP on

Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

Epstein Becker & Green

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

Epstein Becker & Green on

On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more

FordHarrison

DOL's Pass Intercepted: Court Strikes Down Narrow Definition of Joint Employer

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A federal court judge in New York has invalidated the Department of Labor (DOL)’s Final Rule that narrowly interpreted joint employer. ...more

Parker Poe Adams & Bernstein LLP

State Attorneys General Challenge Joint Employer Rule

Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

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

Beltway Buzz - November, 2018

Joint-Employer Update. As a pre-Halloween treat to stakeholders who are preparing written comments on the National Labor Relations Board’s (NLRB) proposed joint-employer rule, on October 30, 2018, the NLRB extended by 30...more

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