In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more
Before the 2020 election, then Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” Although he has been in office less than 100 days, President Biden shows every sign of living up...more
Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more
On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. ...more
The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more
On December 28, 2018, the U.S. D.C. Circuit Court of Appeals upheld the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer test as articulated in Browning-Ferris Industries, 362 NLRB No. 186. ...more
On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor...more
On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more
On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more
On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more
Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer...more
On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more
On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more
In the months following the election of President Emmanuel Macron, who is perceived as pro-business, as well as a parliamentary election in which the new president’s party won the majority, companies and entrepreneurs have...more