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The National Labor Relations Act › Joint Employers › Employer Liability Issues

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 -
Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

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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

Bass, Berry & Sims PLC

NLRB Withdraws Appeal of Joint Employer Rule

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The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

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 J. Chambers and Cynthia L. Hackerott. In today’s...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge’s Decision Deals Serious Blow to NLRB’s Joint Employer Rule and Continued Efforts to Expand Who Constitutes an...

Sheppard Mullin Richter & Hampton LLP on

On March 8, 2024, a federal judge in the United States District Court for the Eastern District of Texas dealt a serious blow to the National Labor Relations Board’s (the “Board”) efforts to further increase the reach of the...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

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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

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

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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

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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

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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

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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

Morgan, Brown & Joy, LLP

Federal Court Vacates NLRB’s New Joint Employment Rule and Enjoins Its Enforcement Against Employers

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On March 8, 2024, the United States District Court for the Eastern District of Texas issued a decision vacating the NLRB’s new rule governing the status of a “joint employer” under the National Labor Relations Act (NLRA) and...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

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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

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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

Littler

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

Littler on

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

Parker Poe Adams & Bernstein LLP

Federal Court Delays Effective Date of NLRB Joint Employer Rule

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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

Morgan, Brown & Joy, LLP

NLRB Substantially Broadens Standard for Joint Employer Status

Morgan, Brown & Joy, LLP on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that significantly broadens the standard for who qualifies as a joint employer under the National Labor Relations Act (NLRA). Under the new...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

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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

Robinson+Cole Manufacturing Law Blog

2024 Labor and Employment Outlook for Manufacturers

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As we look ahead to 2024, there are a number of new issues and trends that appear on the local, state, and federal horizon with regard to labor and employment laws that may impact manufacturers. The following are a few of...more

Manatt, Phelps & Phillips, LLP

NLRB Delays New Joint Employer Rule

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

Lathrop GPM

NLRB New Joint-Employer Standard Scheduled to Take Effect on 2/26/2024

Lathrop GPM on

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its Final Rule addressing the Standard for Determining Joint Employer Status under the National Labor Relations Act (“NLRA”). The Final Rule rescinds the...more

Miller Nash LLP

New NLRB Rule Significantly Broadens Joint Employer Definition

Miller Nash LLP on

In yet another significant reversal, the National Labor Relations Board (NLRB) enacted a critical change in how it interprets the National Labor Relations Act (NLRA). On October 26, 2023, the NLRB released its final rule...more

Ervin Cohen & Jessup LLP

NLRB Issues Rule Expanding Definition of Joint Employer

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The National Labor Relations Board recently issued a final rule broadening who may be considered a joint employer of another employer’s employees under the National Labor Relations Act....more

Maynard Nexsen

NLRB Extends Effective Date of Joint Employer Rule in Wake of Legal Challenges

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The National Labor Relations Board (“NLRB”) recently announced that the effective date of its new “joint employer” final rule will be postponed by two months as a result of several legal challenges to the rule. The final...more

Kelley Drye & Warren LLP

NLRB Extends Effective Date of New Joint-Employer Rule Amidst Legal Challenges

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In the wake of challenges to the NLRB’s new joint-employer rule, the NLRB extended the effective date of the new rule from December 26, 2023, to February 26, 2024. As we previously reported, the rule expands the scope of the...more

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