News & Analysis as of

National Labor Relations Board Collective Bargaining Regulatory Requirements

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... more +
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 -
Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

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The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Foley Hoag LLP

NLRB Announces Broadened Standard for Determining Joint-Employer Status

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On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

Akerman LLP - HR Defense

NLRB Issues Joint Employer Final Rule

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

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On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Hogan Lovells

NLRB Issues New Rule Narrowing Joint-Employer Standard

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The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

Bricker Graydon LLP

NLRB issues new final rule on joint employer status

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On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

Ballard Spahr LLP

NLRB Issues Final Rule on Joint Employer

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The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

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

The NLRB’s Revised Representation Case Procedures, Part II: Elections and Beyond

On December 18, 2019, the National Labor Relations Board (NLRB) published final rules that will take effect April 16, 2020, changing and clarifying many of the procedures established in the 2014 amendments to the...more

Bricker Graydon LLP

NLRB makes it easier for employers to anticipatorily withdraw recognition

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On July 3, 2019, the National Labor Relations Board (NLRB) modified the legal framework in which an employer can anticipatorily withdraw its recognition from the union. Under well-established NLRB precedent, an employer could...more

Seyfarth Shaw LLP

Board Invokes Sensibility When Determining When An Employer Can Withdraw Recognition From A Union Upon Expiration Of A CBA

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Seyfarth Synopsis: In a 3-1 decision, the National Labor Relations Board (“Board”) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), established a new standard for determining whether a union has reacquired majority...more

Burr & Forman

NLRB Creates New Procedures for Ousting a Union

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Last week, the National Labor Relations Board overruled portions of a 2001 decision and, as a practical matter, created a new procedure that an employer may follow when its employees indicate that they no longer wish for...more

Robinson & Cole LLP

NLRB Pursues Rulemaking to Address Joint-Employer Standard

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Companies attempting to determine whether they are joint employers of certain workers under the National Labor Relations Act (Act) have been confronted with a shifting landscape during the past few years as the National Labor...more

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