News & Analysis as of

Collective Bargaining Staffing Agencies Temporary Employees

Jackson Lewis P.C.

Illinois Amends Temp Worker Law, Boosting Employer Obligations

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The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal...more

Amundsen Davis LLC

Breaking News Impacting Illinois Staffing Agencies & User Clients

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Friday, Governor Pritzker signed Senate Bill 3650 (SB 3650), which amends the Illinois Day and Temporary Labor Services Act (the “Act”) -- AGAIN. This is the 3rd major amendment to the Act in just over a year. The impact of...more

Foley & Lardner LLP

Joint Employer Rule: Is Guidance on the Way?

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As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

McAfee & Taft

NLRB’s new ‘joint employer’ standard threatens business interests

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The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more

Baker Donelson

The NLRB Eases the Way for Temporary Employees to Unionize

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On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

Bradley Arant Boult Cummings LLP

The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company

As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another...more

Kelley Drye & Warren LLP

The Latest in Labor: NLRB Update, Part One

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more

Parker Poe Adams & Bernstein LLP

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

Constangy, Brooks, Smith & Prophete, LLP

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit...more

McCarter & English, LLP

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

BakerHostetler

NLRB Makes Up More New Rules on Joint Employment

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Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But...more

Williams Mullen

Board Decision Ushers In New Era of The Unionized Temp

Williams Mullen on

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

Seyfarth Shaw LLP

Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps

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Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of...more

Hinshaw & Culbertson LLP

NLRB Makes it Easier to Unionize Temporary Workers

On Monday, the National Labor Relations Board made it easier for unions to organize temporary workers in a 3-1 decision in the case Miller & Anderson. In doing so, the Board reversed its ruling in Oakwood Care Center, 343...more

McGuireWoods LLP

NLRB Reverses Rule Regarding Temporary Employees

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In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more

Dorsey & Whitney LLP

NLRB: Unions may organize permanent and temporary workers without employers' consent

Dorsey & Whitney LLP on

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

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

The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues

The National Labor Relations Board (NLRB) will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a...more

Obermayer Rebmann Maxwell & Hippel LLP

Christmas in July: The NLRB Delivers Another Gift to Help Unions Organize Employees

The National Labor Relations Board has once again delivered a blow to employers by overturning a decision (and standard) that required the consent of a regular employer and the employer of temporary staff to allow both sets...more

Miller & Martin PLLC

NLRB Makes it Easier for Temporary Workers to Unionize

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In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

Ballard Spahr LLP

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

Ballard Spahr LLP on

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

Miles & Stockbridge P.C.

NLRB Strikes Down Employer Veto of Combined Leased and Regular Employee Bargaining Units: What Should Employers Do Now?

One year after the National Labor Relations Board’s (“NLRB” or the “Board”) major expansion of its joint employer standard in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015) (“BFI”), the NLRB has...more

Kilpatrick

NLRB Creates New Headaches for Employers Using Staffing Agency Workers

Kilpatrick on

It has become increasingly common for employers to use workers supplied by a staffing agency or other third party to supplement their work forces, often in the form of “temporary workers” or leased workers. Although these...more

Proskauer - Labor Relations Update

Stuck With It: Labor Board Forces Employers to Recognize Bargaining Units that Contain Employees of Two or More Separate...

Returning to a decision it made 16 years ago (but was overturned just 4 years after that), the National Labor Relations Board has once again ruled that it will certify a bargaining unit containing individuals from two or more...more

Miller Canfield

Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing...

Miller Canfield on

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more

Littler

NLRB Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

Littler on

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees...more

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