News & Analysis as of

Employer Liability Issues The National Labor Relations Act New Rules

Foley Hoag LLP

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

Foley Hoag LLP on

On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to...more

Parker Poe Adams & Bernstein LLP

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...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

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Foster Garvey PC

What Employers Should Know About the NLRB’s New Joint Employer Rule

Foster Garvey PC on

The National Labor Relations Board ("NLRB") recently issued a new joint employment rule that employers should review to avoid incurring or mitigate the responsibilities and potential liability of a joint employer under the...more

Holland & Knight LLP

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

Holland & Knight LLP on

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more

Bradley Arant Boult Cummings LLP

Exercise Your Joints: NLRB Issues Final Rule on Joint Employers

Today, the NLRB issued their Final Rule on what constitutes joint-employer status under the National Labor Relations Act. This new rule overrides the old 2020 standard, that was much stricter in what type of control had to...more

McDermott Will & Emery

Top Three Labor Trends to Watch for in Q4 2023

McDermott Will & Emery on

As we enter the last quarter of 2023, here are some of the key issues impacting employers: 1. New joint employer standard: More companies will be pulled into union organizing campaigns, contract negotiations and National...more

Burr & Forman

Return to the Expedited Election Rules

Burr & Forman on

On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Proskauer - Labor Relations Update

BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA’s Vaccination Requirements

On November 10, 2021, General Counsel Jennifer Abruzzo issued a memorandum outlining bargaining obligations under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”).  Responding to Inquiries...more

Epstein Becker & Green

#WorkforceWednesday: Employee Travel and the Coronavirus, NLRB’s Joint-Employment Rule, and DoorDash’s 5,000+ Individual...

Welcome to #WorkforceWednesday, a quick-browse rundown featuring Employment Law This Week® and other resources. Stories include: Employee Travel and the Coronavirus, NLRB Joint-Employment Rule to Take Effect, and DoorDash...more

Kilpatrick

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Harris Beach Murtha PLLC

NLRB Releases New Rule for Determining Joint Employer Status

On February 26, 2020, the National Labor Relations Board (“NLRB”) released its long-anticipated rule that redefines the agency's test for determining whether businesses can be deemed "joint employers" for purposes of the...more

Fisher Phillips

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

Cozen O'Connor

II-35- The New Sexual Harassment Training/Policy Requirements in New York State and New York City

Cozen O'Connor on

This special episode discusses the new sexual harassment training and policy requirements imposed by New York State and New York City (following a brief discussion of a significant development on joint employer liability)....more

McAfee & Taft

NLRB memo offers clarity, good news for employer-issued policies

McAfee & Taft on

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

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