News & Analysis as of

The National Labor Relations Act Comment Period

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Morgan Lewis

OSHA’s ‘Union Walkaround Rule’ Heads Toward Finalization Following Comment Period

Morgan Lewis on

A recent proposed rulemaking from the US Occupational Safety and Health Administration (OSHA) seeks to make it easier for unions and other third parties to gain access to private worksites, creating steep consequences for...more

Jones Day

Proposed IRS Regulations on Tax Credits for Renewable-Energy Investments Include Wage and Apprenticeship Requirements

Jones Day on

In Short - The Background: The Inflation Reduction Act provides for robust tax incentives on qualifying renewable-energy construction projects. In order to claim the full amount of such tax credits on qualifying projects,...more

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

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

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

Beltway Buzz - October 2022 #4

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

Venable LLP

National Labor Relations Board Proposes New Joint Employer Definition

Venable LLP on

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more

Akerman LLP - HR Defense

NLRB Proposes New Joint Employer Rule

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

Nelson Mullins Riley & Scarborough LLP

NLRB Proposes to Expand Joint-Employer Liability Standard

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

Franczek P.C.

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Jones Day

The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

Jones Day on

In Short - The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more

DirectEmployers Association

OFCCP Week In Review: September 2022 #3

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 Cynthia L. Hackerott. In today’s edition,...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

Burr & Forman on

Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on

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

Fisher Phillips

Snapshot on Manufacturing Industry: New Joint Employer Rule Could Spell Trouble for Manufacturers

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

Bradley Arant Boult Cummings LLP

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

McNees Wallace & Nurick LLC

NLRB Issues Proposed Rule for Determining Joint-Employer Status

Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more

Steptoe & Johnson PLLC

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

Cozen O'Connor

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control

Cozen O'Connor on

On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers...more

Bond Schoeneck & King PLLC

NLRB Proposes New Rule That Would Expand the Scope of Joint Employment

On Sept. 6, 2022, the National Labor Relations Board (Board) released a Notice of Proposed Rulemaking that would revise the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The...more

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

NLRB Proposes Rewidening of Joint-Employer Standard

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Benesch

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on

​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

Faegre Drinker Biddle & Reath LLP

NLRB Releases Notice of Proposed Rulemaking to Increase Scope of Joint Employment Relationships

On September 6, 2022, a split National Labor Relations Board (NLRB or the Board) released its long-anticipated Notice of Proposed Rulemaking that would lessen the burden in proving that two companies jointly employ workers...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Proposed Joint Employer Rule Rolling Back Trump-Era Standard

On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more

Kilpatrick

NLRB Proposes New Joint Employer Rule

Kilpatrick on

Yesterday, the National Labor Relations Board released a Notice of Proposed Rulemaking, proposing to rescind and replace its 2020 rule concerning the standard for determining whether multiple entities are joint employers...more

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