News & Analysis as of September 22, 2024

National Labor Relations Board › Administrative Interpretation

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

No Fooling: DOL Announces Joint-Employer Proposal

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/2/2019

On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA)....more

Beltway Buzz - February, 2018 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/12/2018

Déjà Vu All Over Again? It is perhaps fitting that last Friday was Groundhog Day, as this week we relived the same government funding battle that we went through just a few weeks ago. Thankfully, because the shutdown card has...more

WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?

Littler on 10/24/2017

Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

The DOL Seeks to Change the Tide

Robinson+Cole Manufacturing Law Blog on 7/3/2017

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration....more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

Akerman LLP - HR Defense on 6/29/2017

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

Seyfarth Shaw LLP on 6/21/2017

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

Stop! Drop!…and Roll. Smothering Regulations Before They Ignite.

BCLP on 1/13/2017

It has been an eventful 10 days in the courts and in Congress for halting impending regulations and setting the stage to roll-back new rules implemented by the Obama Administration. Employers can expect a repeal of recently...more

Best in Law: New Joint-Employer Standards Pose Threat to Businesses

Best Best & Krieger LLP on 2/23/2016

For decades, business owners throughout the country have run through a checklist of labor laws and regulations they need to follow to maintain a productive workplace and avoid liability. Originally published in The...more

The Complex World of Joint Employment

Zelle LLP on 2/19/2016

Here’s Wikipedia’s definition of joint employment: Joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities....more

Joint Employment Challenges Continue in 2016

Maynard Nexsen on 2/11/2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Employment Law Navigator – Week in Review: January 2016 #4

Zelle LLP on 1/26/2016

The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations...more

DOL Sets Its Sights on Small Businesses in Recent Joint Employer Guidance

Cozen O'Connor on 1/25/2016

The NLRB made a splash when it laid out a new standard to capture employers previously thought to be outside the “joint employer” net with its Browning-Ferris decision in April 2015, and now the Department of Labor is making...more

New Guidance from the DOL Regarding Joint Employment

Weintraub Tobin on 1/21/2016

In an effort to clarify the circumstances that may create a joint-employment relationship, the U.S. Department of Labor issued an Administrator’s Interpretation this week. This Administrator’s Interpretation, which can be...more

The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

Jaburg Wilk on 10/30/2015

It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors. After all, it is a...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Bond Schoeneck & King PLLC on 9/10/2015

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

Labor Day Hot Topics

Womble Bond Dickinson on 9/8/2015

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

New NLRB Ruling is Indicative of Significant Change in Federal Employment Law

Ervin Cohen & Jessup LLP on 9/4/2015

Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more

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National Labor Relations Board › Administrative Interpretation

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