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Hiring & Firing › The National Labor Relations Act › Final Rules

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

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It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...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

Ballard Spahr LLP

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

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On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

Akerman LLP - HR Defense

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

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Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)....more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Ballard Spahr LLP

NLRB Expands Joint Employer Rule

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Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

Butler Snow LLP

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

Butler Snow LLP on

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more

Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

Steptoe & Johnson PLLC on

The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Stevens & Lee

NLRB Issues Final Rule: Standard Used to Determine Joint-Employer Status

Stevens & Lee on

On October 26, 2023, the National Labor Relations Board (NLRB) issued its new final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). An employer will now be a...more

DirectEmployers Association

OFCCP Week In Review: August 2020 #3

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Burr & Forman

Who’s The Boss? The NLRB Clarified Joint Employment (Again)

Burr & Forman on

As our clients know, the National Labor Relations Board (“NLRB”) does not only regulate unionized workforces. The Board’s rulemaking and legal decisions affect all workplaces: both unionized and non-union....more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

Seyfarth Shaw LLP on

On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

Stinson LLP

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

Stinson LLP on

On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Best Best & Krieger LLP on

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

McNees Wallace & Nurick LLC on

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

Akerman LLP - HR Defense

NLRB Issues Joint Employer Final Rule

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Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

DirectEmployers Association

OFCCP Week In Review Bonus: Overview of the Trump Administration’s Government-Wide Redefinition of Who is a Joint-Employer

DirectEmployers Association on

The National Labor Relations Board (NLRB) - The NLRB issuing a Final Rule is just one part of the Trump Administration’s overarching efforts to realign the federal government’s several definitions of joint-employer status....more

DirectEmployers Association

OFCCP Week In Review: March 2020

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...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

Akin Gump Strauss Hauer & Feld LLP

The NLRB Issues Final Rule on Joint Employment

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- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA. - The joint-employer standard is important because if two entities are joint employers, both must bargain...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Mintz - Employment Viewpoints

NLRB Announces Final Joint Employer Rule

Mintz - Employment Viewpoints on

The National Labor Relations Board (the “NLRB”) announced yesterday that it will issue its final rule for determining joint-employer status under the National Labor Relations Act (the “NLRA”) today, February 26, 2020. This...more

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