News & Analysis as of September 23, 2024

National Labor Relations Board › Contractors

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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 -

OFCCP Week in Review Special Edition | DEAMcon24 Day One Recap

DirectEmployers Association on 4/17/2024

The following is Part 1 of a 3-Part series reporting on the 24 presentations at the DirectEmployers (“DE”) Annual Meeting (DEAMcon24) of Members and the public. DE will publish the second installment on Monday, April 22, and...more

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

Jackson Lewis P.C. on 4/4/2024

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more

OFCCP Week In Review: February 2024 #4

DirectEmployers Association on 2/27/2024

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on 11/8/2023

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on 11/6/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Joint Employer Joint Responsibility: NLRB Issues Final Joint Employer Rule

Baker Donelson on 10/27/2023

The National Labor Relations Board (NLRB or the Board) published its long-awaited final joint-employer Rule, after initially publishing the revised Rule for public comment in September 2022. The Rule takes effect on December...more

Howdy Stranger, You're My Employee? NLRB Issues Final Rule on Joint-Employer Status

Miller Canfield on 10/27/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more

The Site Report - Construction Law Insights - Issue 7, July 2023

Spilman Thomas & Battle, PLLC on 7/28/2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

OFCCP Week In Review: February 2023 #3

DirectEmployers Association on 2/20/2023

Monday, February 13, 2023: NLRB Again Extended Reply Comment Period on Proposed Fair Choice and Employee Voice Rule - Deadline for Reply Comments Now March 1 - Board Noted Administrative Error in Online Public Comment...more

OFCCP Week In Review - January 2023 #4

DirectEmployers Association on 1/24/2023

Tuesday, January 17, 2023: U.S. Appellate Court for D.C. Circuit Blocked Key Aspects of Trump-Era NLRB Union Election Rule - Trump NLRB Should Have Sought Public Comment on 3 Key Changes, Court Majority Ruled - ...more

OFCCP’s Proposed Modifications to Scheduling Letter Would Result in Additional Burdens for Contractors Responding to Audits

Foley & Lardner LLP on 1/10/2023

In case the National Labor Relations Board’s recent decisions and the Federal Trade Commission’s new proposed rule on non-competes haven’t given employers enough to think about in the new year, companies with federal...more

The National Labor Relations Board Diminishes Private Property Rights. What Will It Mean?

Steptoe & Johnson PLLC on 12/22/2022

When is your property not entirely really your own? Well, the National Labor Relations Board (the Board) ended the week by giving an answer not many employers will like. On Friday, December 16, 2022, the Board issued a 3-2...more

NLRB Reinstates Broad Property Access Rights for Third-Party Contractors

Fisher Phillips on 12/20/2022

The National Labor Relations Board just overruled a key Trump-era decision that had narrowed property access rights for off-duty contractor employees, eliminating a powerful tool for employers to combat unwanted solicitation...more

It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party Property

Proskauer - Labor Relations Update on 12/19/2022

The National Labor Relations Board (“NLRB” or “Board”) capped off an extremely busy week, by issuing another precedent-reversing decision, on the last day of Republican Member John Ring’s 5-year term. In Bexar County II, 372...more

Department of Labor Tightens the Screws on Contractor Classification

Smith Debnam Narron Drake Saintsing & Myers,... on 10/12/2022

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Labor Law Today—2021 Year in Review

Perkins Coie on 4/1/2022

The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

What Real Estate Industry Owners, Operators Can Expect From NLRB And DOL Under Biden Administration

Jackson Lewis P.C. on 1/7/2021

The concept of “joint employment” is an important workplace legal issue and often arises in the real estate industry because industry employers want to avoid liability for another business’s employees’ legal claims. The risk...more

Employment Law - March 2018 #2

Manatt, Phelps & Phillips, LLP on 3/23/2018

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

New York City Expands Law Governing Displaced Building Service Workers

Littler on 7/18/2016

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

PilieroMazza PLLC on 9/28/2015

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Bill Seeks to Overturn NLRB's New Joint Employment Standard

Littler on 9/10/2015

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, the...more

Under Construction - September 2015

Snell & Wilmer on 9/10/2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

Baker Donelson on 9/1/2015

The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

Joint Employer Standard Expanded: NLRB Overturns 30 Years of Precedent

Hinshaw & Culbertson LLP on 8/31/2015

In a dramatic departure from over 30 years of precedent, the National Labor Relations Board has modified the standard by which it determines whether two entities are "joint employers" under the National Labor Relations Act...more

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

Seyfarth Shaw LLP on 8/29/2015

In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

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National Labor Relations Board › Contractors

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