News & Analysis as of September 20, 2024

Joint Employers

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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 -

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

Butler Snow LLP on 3/22/2024

The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Texas District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on 3/21/2024

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

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on 3/14/2024

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

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

Polsinelli on 3/12/2024

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

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

CDF Labor Law LLP on 3/11/2024

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

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

Littler on 3/11/2024

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

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

Whiteford on 3/1/2024

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

NLRB Delays New Joint Employer Rule

Manatt, Phelps & Phillips, LLP on 12/28/2023

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule. ...more

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

Foster Garvey PC on 11/29/2023

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

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on 11/22/2023

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Double Trouble: NLRB Rule Change Increases Joint Employer Risk

Gray Reed on 11/21/2023

Effective December 26, 2023, the National Labor Relations Board (NLRB) is changing one of its rules to make it easier to characterize two businesses as joint employers and potentially making one business unexpectedly liable...more

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

Ballard Spahr LLP on 11/20/2023

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

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

Akerman LLP - HR Defense on 11/9/2023

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

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

Quarles & Brady LLP on 11/6/2023

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

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on 11/3/2023

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

NLRB Expands Joint Employer Rule

Ballard Spahr LLP on 11/2/2023

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

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

Butler Snow LLP on 10/31/2023

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

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

Steptoe & Johnson PLLC on 10/31/2023

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

NLRB issues "joint employer" regulations

Constangy, Brooks, Smith & Prophete, LLP on 10/31/2023

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

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

Stevens & Lee on 10/30/2023

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

The National Labor Relations Board Issues Expansive Joint Employer Rule

Roetzel & Andress on 10/30/2023

Do you use a staffing agency to provide workers for your day-to-day operations? Are you a franchisor that licenses your trademark and business model to franchisees? If you answered “yes” to either of these questions,...more

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

NLRB Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on 12/29/2022

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

NLRB Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on 9/14/2022

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

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