News & Analysis as of September 19, 2024

Temporary Employees

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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 -

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

Jackson Lewis P.C. on 12/12/2023

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on 11/22/2023

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

NLRB Issues Final Rule on Joint-Employer Status

Husch Blackwell LLP on 10/30/2023

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on 9/6/2017

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

Foley & Lardner LLP on 4/20/2017

It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts....more

Joint Employer Rule: Is Guidance on the Way?

Foley & Lardner LLP on 11/28/2016

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

NLRB’s new ‘joint employer’ standard threatens business interests

McAfee & Taft on 9/28/2016

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more

The NLRB, Franchisees, And Temporary Employees

Fisher Phillips on 9/6/2016

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

Conn Maciel Carey LLP on 7/29/2016

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

Davis Wright Tremaine LLP on 7/27/2016

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

The Latest in Labor: NLRB Update, Part One

Kelley Drye & Warren LLP on 7/22/2016

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

Constangy, Brooks, Smith & Prophete, LLP on 7/20/2016

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit...more

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

McCarter & English, LLP on 7/19/2016

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

NLRB Expands Temporary/Contingent Worker Organizing Rights

Morgan Lewis on 7/18/2016

The Board’s recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of “user” and “supplier” employees much more easily than before....more

NLRB Makes Up More New Rules on Joint Employment

BakerHostetler on 7/18/2016

Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But...more

Board Decision Ushers In New Era of The Unionized Temp

Williams Mullen on 7/15/2016

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps

Seyfarth Shaw LLP on 7/15/2016

Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of...more

NLRB Ruling Makes It Easier to Organize Temporary Workers

Foley Hoag LLP on 7/15/2016

On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that...more

NLRB Makes it Easier to Unionize Temporary Workers

Hinshaw & Culbertson LLP on 7/15/2016

On Monday, the National Labor Relations Board made it easier for unions to organize temporary workers in a 3-1 decision in the case Miller & Anderson. In doing so, the Board reversed its ruling in Oakwood Care Center, 343...more

The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/14/2016

The National Labor Relations Board (NLRB) will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a...more

NLRB Makes it Easier for Temporary Workers to Unionize

Miller & Martin PLLC on 7/14/2016

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

Ballard Spahr LLP on 7/14/2016

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

NLRB Strikes Down Employer Veto of Combined Leased and Regular Employee Bargaining Units: What Should Employers Do Now?

Miles & Stockbridge P.C. on 7/14/2016

One year after the National Labor Relations Board’s (“NLRB” or the “Board”) major expansion of its joint employer standard in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015) (“BFI”), the NLRB has...more

Stuck With It: Labor Board Forces Employers to Recognize Bargaining Units that Contain Employees of Two or More Separate...

Proskauer - Labor Relations Update on 7/13/2016

Returning to a decision it made 16 years ago (but was overturned just 4 years after that), the National Labor Relations Board has once again ruled that it will certify a bargaining unit containing individuals from two or more...more

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