News & Analysis as of September 19, 2024

Franchises

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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 -

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2024

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

Lathrop GPM on 3/14/2024

On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...more

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on 10/30/2023

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....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

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on 9/13/2022

For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

Parker Poe Adams & Bernstein LLP on 9/9/2022

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

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on 9/8/2022

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

NLRB Announces Final Joint Employer Rule

Hinshaw & Culbertson - Employment Law... on 3/10/2020

Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in...more

NLRB Provides Final Rule Clarifying Joint-Employer Status

Miller Canfield on 3/6/2020

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning...more

New Standards for Joint Employer Tests from the NLRB

Stokes Wagner on 3/3/2020

The National Labor Relations Board‘s (“NLRB”) “joint employer” test has had tremendous implications for hospitality employers due to the industry’s reliance on third-party employees to supplement their workforces. The NLRB...more

UPDATE: NLRB Tightens Joint Employer Rule in Favor of Employers

Obermayer Rebmann Maxwell & Hippel LLP on 2/28/2020

This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2020

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard

Franczek P.C. on 2/27/2018

Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more

A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

Clark Hill PLC on 5/2/2016

In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of...more

Who Are My Employees?

Buchalter on 11/4/2015

The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also for the employees of...more

Not Just A Union Issue: NLRB Decision Changing the Test For Joint Employer Status Affects Non-Union Employers, Too

Baker Donelson on 11/2/2015

As the National Labor Relations Board (the "Board"), traditionally the arbiter of all issues involving labor and unions, continues to broaden its reach into the world of non-union employers, it has begun to dismantle...more

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/28/2015

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB...more

Do You Know Who Your Employees Are?

Foley & Lardner LLP on 7/3/2015

Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month....more

NLRB Sues McDonalds For Labor Practices of its Franchisees

Dorsey & Whitney LLP on 1/5/2015

2014 – First NLRB Shots Against the Franchise Model. The National Labor Relations Board (NLRB) is considering revising its long-established joint employer test, a change which may threaten the current franchise model....more

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