News & Analysis as of

Browning-Ferris Industries of California Inc. Joint Employers

Faegre Drinker Biddle & Reath LLP

NLRB Withdraws Appeal of Joint Employer Rule Decision

Last week, the National Labor Relations Board (NLRB) withdrew its bid to save its new joint employer rule, which would have treated some entities as joint employers with their contractors or franchises, even when those...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

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

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

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

BakerHostetler

Court Vacates New NLRB Joint Employer Rule

BakerHostetler on

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

Jackson Lewis P.C.

Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

Jackson Lewis P.C. on

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553...more

Foley & Lardner LLP

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Foley & Lardner LLP on

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

Morgan, Brown & Joy, LLP

NLRB Substantially Broadens Standard for Joint Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that significantly broadens the standard for who qualifies as a joint employer under the National Labor Relations Act (NLRA). Under the new...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

Jackson Lewis P.C.

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

Jackson Lewis P.C. on

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Davis Wright Tremaine LLP

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,...more

Akerman LLP - HR Defense

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)....more

Maynard Nexsen

NLRB Adopts New Final Rule and Again Broadens Joint-Employment Analysis

Maynard Nexsen on

The National Labor Relations Board (“NLRB”) recently issued a final rule, again altering the standard for joint-employer status under the National Labor Relations Act (“NLRA”). The new rule replaces the Trump-era analysis...more

Foley & Lardner LLP

NLRB’s New Rule Sings “Come Together, Right Now”

Foley & Lardner LLP on

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

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Foley & Lardner LLP

NLRB Issues Final Rule on Joint-Employer Status

Foley & Lardner LLP on

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

ArentFox Schiff

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

ArentFox Schiff on

It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

Epstein Becker & Green

Answering a Major Question No One Asked: NLRB Issues Final Rule on Joint-Employer Status

Epstein Becker & Green on

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more

Bass, Berry & Sims PLC

NLRB Issues New Rule Broadening Joint-Employer Status

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

Epstein Becker & Green

NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked

Epstein Becker & Green on

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB issues "joint employer" regulations

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

BakerHostetler

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...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

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