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Employee Definition Joint Employers

Brownstein Hyatt Farber Schreck

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

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

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Arnall Golden Gregory LLP

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

White and Williams LLP

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

White and Williams LLP on

On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Sheppard Mullin Richter & Hampton LLP

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it...more

Franczek P.C.

National Labor Relations Board Files Complaint against NCAA over Status of College Athletes

Franczek P.C. on

On May 18, 2023, the National Labor Relations Board’s (NLRB) regional office in Los Angeles filed a complaint against the National Collegiate Athletic Association (NCAA), Pac-12 Conference, and the University of Southern...more

Stinson LLP

Pay-for-Play: The Status of College Athletes as Employees

Stinson LLP on

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Payne & Fears

Key California Employment Law Cases: April 2022

Payne & Fears on

Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Mintz - Employment Viewpoints

Massachusetts Supreme Judicial Court Rejects Use of Independent Contractor Statute for Joint Employment Status Determination

In a recent decision, the Massachusetts Supreme Judicial Court (SJC) confirmed that the framework used in federal Fair Labor Standards Act (FLSA) cases, not the ABC classification test set forth in Massachusetts’ independent...more

Nutter McClennen & Fish LLP

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the...more

Morgan Lewis

Massachusetts SJC Adopts FLSA ‘Joint Employer’ Test for Minimum Wage & Overtime Laws

Morgan Lewis on

Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Early Changes for Employers and Employees

A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt....more

Baker Donelson

Proposed PRO Act: An Act to Follow

Baker Donelson on

The Protecting the Right to Organize Act (PRO Act) was passed by the U.S. House of Representatives on March 9. While it previously passed the House last year, this time around it has significant backing from the Biden...more

Stoel Rives - World of Employment

DOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor Rule

Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair...more

Foley & Lardner LLP

The Protecting the Right to Organize (PRO) Act Gains Momentum

Foley & Lardner LLP on

U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

Gould + Ratner LLP

New Administration, New Priorities - What Does a Biden Harris Administration Look Like for Employers?

Gould + Ratner LLP on

With the inauguration of Joseph R. Biden as the President of the United States yesterday, we expect to see a different focus, new guidance and new laws. Some of the major changes that may be delivered in the Biden...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Seyfarth Shaw LLP

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be...more

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

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more

Littler

Plaintiffs’ Bar Seeks to Expand Reach of California’s Dynamex Decision and ABC Test to Franchising, Joint Employment

Littler on

The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more

Best Best & Krieger LLP

AB 5 Compliance: Public Agencies and Joint Employer Liability

Independent Contractor Agreements Should be Reviewed - With Assembly Bill 5 taking effect Jan. 1, public agencies should not overlook potential joint employer liability claims, which may become more common under AB 5....more

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