News & Analysis as of

Employer Liability Issues Staffing Agencies

Manatt, Phelps & Phillips, LLP

Arbitration Agreement With Staffing Company Doesn’t Cover Employer

A California appellate court ruled that an employer could not compel arbitration based on an agreement between the employee and the staffing agency that placed her....more

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

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more

Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

Miller Canfield

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

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In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Littler

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

Littler on

On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more

Smith Gambrell Russell

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

Smith Gambrell Russell on

The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on

Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Bond Schoeneck & King PLLC

Texas Federal Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the...more

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

Ballard Spahr LLP on

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Miller Canfield

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

Miller Canfield on

On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...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

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Foley & Lardner LLP

Illinois Imposes New Requirements on Employers Who Use Staffing Agencies

Foley & Lardner LLP on

Illinois employers who use staffing agencies should take note. The state’s Day and Temporary Labor Services Act (the “Act”), which was last revised by the General Assembly in 2017, was significantly amended this past...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Epstein Becker & Green

Reminder for New Jersey Employers: Review Employment Law Updates and Poster Requirements for 2024

Last year, New Jersey continued its expansion of workplace legislation with potentially far-reaching consequences for the state’s employers. By way of highlight and summary, New Jersey’s 2023 employment-related measures...more

Fisher Phillips

PEO and Staffing Snapshot: 5 Steps to Ensure Compliance Throughout 2024

Fisher Phillips on

New employment laws are being pushed out with ever-increasing frequency and complexity, which makes compliance a never-ending process – with PEOs and staffing firms are on the front lines each day. And let’s be honest, your...more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

Littler on

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...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

Locke Lord LLP

Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter...

Locke Lord LLP on

Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and...more

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