News & Analysis as of September 20, 2024

Proposed Rules

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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 -

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on 10/30/2023

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

NLRB Proposes to Expand Joint-Employer Liability Standard

Nelson Mullins Riley & Scarborough LLP on 10/3/2022

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

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

Franczek P.C. on 9/30/2022

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

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

Hinshaw & Culbertson - Employment Law... on 9/21/2022

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating...more

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on 9/21/2022

On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

Mintz - Employment Viewpoints on 9/19/2022

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more

Employment Law Now VI-120 - Joint Employer Ping Pong

Cozen O'Connor on 9/19/2022

This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers....more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

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

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

Cozen O'Connor on 9/12/2022

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

Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status

Jackson Lewis P.C. on 9/8/2022

The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Brown Ferris” Indirect...

Proskauer - Labor Relations Update on 9/7/2022

Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more

NLRB Issues New Proposed Rule on Joint Employment

Stevens & Lee on 9/7/2022

On September 6, the National Labor Relations Board (Board) released its highly anticipated proposed rule on joint employment, marking a significant step towards easing the legal standard for deciding when one company jointly...more

NLRB Poised to Adopt Expansive Joint-Employer Standard

Fox Rothschild LLP on 9/7/2022

On September 6, 2022, the National Labor Relations Board announced its intention to rescind and revise its joint-employer standard. In doing so, the Board has laid the groundwork for labor unions to more easily target...more

Department of Labor Proposes Joint Employer Rule

McManis Faulkner on 5/21/2019

Employers have been seeking clarity on joint employer laws for years. On April 1, the U.S. Department of Labor (USDOL) entered the fray, announcing a proposed rule that would update and amend the joint employment regulations...more

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on 4/2/2019

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

The “Joint-Employer” Saga Continues

Foley & Lardner LLP on 1/16/2019

Litigation continues over the standard for determining how and under what circumstances a joint-employer relationship can exist. On December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit...more

Top Five Labor Law Developments For December 2018

Jackson Lewis P.C. on 1/9/2019

1. A U.S. Circuit Court of Appeals partially upheld the Obama-era standard the National Labor Relations Board (NLRB) adopted for determining whether two entities are joint employers under the National Labor Relations Act...more

Federal Court Upholds Unworkable Joint Employer Test

Fisher Phillips on 12/31/2018

With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more

It’s Deja Vu All Over Again At The NLRB

Fox Rothschild LLP on 12/20/2018

With apologies (and props) to the great Yogi Berra, it’s deja vu all over again at the National Labor Relations Board. The Board has extended the commenting period on its proposed joint employer rulemaking for a second time....more

National Labor Relations Board Proposes Relaxed Rule on Joint Employment

Ervin Cohen & Jessup LLP on 10/3/2018

On September 13th, the National Labor Relations Board (NLRB) announced that it will propose a new joint employer rule that represents a relaxation of the current standard for determining if businesses are joint employers....more

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on 9/27/2018

The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Labor Board Seeks Public Comments On Proposed Rule For Determining Joint-Employer Status

Jackson Lewis P.C. on 9/27/2018

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority —...more

Labor Board Moves to Clear the Confusion on Joint Employment

Foley & Lardner LLP on 9/25/2018

On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

Foley & Lardner LLP on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

Navigating NLRB: A New Era For Joint Employment?

Benesch on 9/19/2018

From joint employment concerns to questions about email use and employee handbooks, employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis...more

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National Labor Relations Board › Browning-Ferris Industries of California Inc. › Proposed Rules

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