News & Analysis as of

National Labor Relations Board Comment Period Staffing Agencies

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 -
McNees Wallace & Nurick LLC

NLRB Issues Proposed Rule for Determining Joint-Employer Status

Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more

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

NLRB Proposes Rewidening of Joint-Employer Standard

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Benesch

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on

​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

Miles & Stockbridge P.C.

NLRB Proposes to Broaden Joint Employment Standard

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

Seyfarth Shaw LLP

And The Waiting Continues . . . NLRB Extends Comment Period On Joint Employer Rule Once Again

Seyfarth Shaw LLP on

Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due...more

Lewitt Hackman

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on

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

Foley & Lardner LLP

Labor Board Moves to Clear the Confusion on Joint Employment

Foley & Lardner LLP on

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

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

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

FordHarrison

NLRB Proposes Regulation to Resolve Joint Employer Issue

FordHarrison on

On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

Proskauer - Labor Relations Update

NLRB Announces Proposed Rule Changing Joint-Employer Standard

The National Labor Relations Board announced that it will publish a Notice of Proposed Rulemaking today, September 14, regarding its joint-employer standard. The proposed rule will state that an employer may be considered...more

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

Back to Pre-BFI? NLRB Proposes a ‘Direct and Immediate’ Joint-Employer Standard

Approximately three years after the National Labor Relations Board (NLRB) turned its decades old joint-employer standard on its head in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, on...more

Benesch

National Labor Relations Board Releases Language of Proposed Rule to Reverse Obama-Era Joint-Employer Standard

Benesch on

The National Labor Relations Board (“NLRB”) released today a draft rule that would reverse the Obama Board’s 2015 Browning-Ferris Industries joint-employer decision, which greatly expanded the NLRB’s test for determining...more

Fisher Phillips

Labor Board Proposes Complete Overhaul To Joint Employment Rule

Fisher Phillips on

In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more

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