News & Analysis as of

Collective Bargaining Vacated

Akerman LLP - HR Defense

Joint Employer Standard: Whiplash!

In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

Steptoe & Johnson PLLC

NLRB Vacates Hy-Brand Decision

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Hogan Lovells

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

Hogan Lovells on

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

Stinson LLP

NLRB Gives Browning-Ferris a Stay of Execution

Stinson LLP on

On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

Troutman Pepper

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

Troutman Pepper on

Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

FordHarrison

NLRB Joint Employer Whiplash

FordHarrison on

The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

Dickinson Wright

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

Dickinson Wright on

As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

Franczek P.C.

Illinois Supreme Court Vacates 2% Wage Increase for State Employees

Franczek P.C. on

Last week, the Illinois Supreme Court vacated an arbitration award requiring the State to pay a 2% wage increase to certain state employees who are represented by the American Federation of State, County and Municipal...more

Carlton Fields

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

Carlton Fields on

The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

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