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Control Test Joint Employers

Laner Muchin, Ltd.

Federal Court Vacates DOL’s Joint Employer Rule Issued in 2023

Laner Muchin, Ltd. on

In Chamber of Commerce of United States v. NLRB, No. 23-cv-00553, 2024 U.S. Dist. LEXIS 43016 (E.D. Tex. Mar. 8, 2024), the United States District Court for the Eastern District of Texas vacated the National Labor Relations...more

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

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Lathrop GPM

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

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On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...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

Miller Canfield

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on

​​​​​​​On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

Obermayer Rebmann Maxwell & Hippel LLP

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

​​​​​​​For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Benesch

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

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​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

BakerHostetler

Not Your Godfather’s Smackdown: Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

BakerHostetler on

In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more

Hinshaw & Culbertson - Employment Law...

NLRB Announces Final Joint Employer Rule

Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in...more

Miller Canfield

NLRB Provides Final Rule Clarifying Joint-Employer Status

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The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning...more

Stokes Wagner

New Standards for Joint Employer Tests from the NLRB

Stokes Wagner on

The National Labor Relations Board‘s (“NLRB”) “joint employer” test has had tremendous implications for hospitality employers due to the industry’s reliance on third-party employees to supplement their workforces. The NLRB...more

Obermayer Rebmann Maxwell & Hippel LLP

UPDATE: NLRB Tightens Joint Employer Rule in Favor of Employers

This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more

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

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

Benesch

NLRB Finalizes Joint Employer Rule to Take Effect on April 27, 2020

Benesch on

The National Labor Relations Board (“NLRB”) announced this morning that its final rule outlining the legal test for determining a joint employer will be published in the federal register tomorrow, February 26, 2020, and...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: October 2019

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Payne & Fears

NLRB Seeks to Roll Back Obama Era Changes to Joint Employer Test

Payne & Fears on

On September 14, 2018, the National Labor Relations Board released a draft rule that would reverse the NLRB’s 2015 decision in Browning-Ferris, 362 NLRB No. 186 (2015). ...more

Lewitt Hackman

FRANCHISOR 101: Liability as Certain as Death & Taxes

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Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor's control over franchisees. This is a challenge in a professional services franchise, where the brand is...more

Franczek P.C.

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard

Franczek P.C. on

Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more

Lewitt Hackman

FRANCHISOR 101: A Clean Sweep

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A federal court recently held that under California law, cleaning services franchisor Jan-Pro Franchising International (Jan-Pro) was not the employer of its unit franchisees. The franchisee plaintiffs failed to show that...more

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

DOL Withdraws Independent Contractor and Joint Employment Guidance

On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (DOL) has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, both issued...more

Snell & Wilmer

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

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Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

Dechert LLP

Do You Know Who Your Employees Are? Joint Employer Liability Under the FLSA and Other Employment Laws

Dechert LLP on

As private equity firms become more involved in the operations of their portfolio companies, they are increasingly at risk of being deemed joint employers of their portfolio companies’ employees, leaving private equity firms...more

Clark Hill PLC

A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

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In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of...more

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