NLRB, Corporate Counsel, Staffing Agencies

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

The NLRB and FTC Agree to Collaborate: What This Means for Employers

Amundsen Davis LLC on 8/5/2022

If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more

NLRB Plans to Revise Joint Employer Standard Once Again

Proskauer - Labor Relations Update on 12/16/2021

On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...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

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

D.C. Circuit Invalidates NLRB’s Browning-Ferris Joint Employer Test

Seyfarth Shaw LLP on 12/31/2018

On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/20/2018

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

The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard

Seyfarth Shaw LLP on 5/11/2018

Seyfarth Synopsis: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the...more

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

Holland & Knight LLP on 12/19/2017

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

Fisher Phillips on 11/3/2017

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

CNN Joint-Employer Appeal Goes Against NLRB; Employers Embrace Decision, But Issue Remains Unresolved

Best Best & Krieger LLP on 8/10/2017

The National Labor Relations Board suffered a minor blow to its effort to expand its joint employer standard when the U.S. Court of Appeals for the District of Columbia Circuit declined to enforce the Board’s decision in CNN...more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

Smith Debnam Narron Drake Saintsing & Myers,... on 6/26/2017

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...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

Union Election Ordered After NLRB's Joint-Employer Ruling Regarding Construction Company And The Temporary Staffing Agency Which...

Laner Muchin, Ltd. on 10/13/2016

In a recent decision, the National Labor Relations Board (NLRB) followed its controversial August 2015 joint employer ruling known as Browning-Ferris, in which the NLRB expanded its standard on joint employers to include...more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Jumping For Joint Employer: The EEOC Files Amicus Brief Supporting Broadened Definition Of Joint Employer In High-Profile NLRB...

Seyfarth Shaw LLP on 9/22/2016

Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief...more

NLRB Finds Temp Agency Joint Employer with User of Labor Services

Parker Poe Adams & Bernstein LLP on 9/8/2016

In recent years, the National Labor Relations Board (NLRB) has begun finding separate companies jointly liable for compliance with federal labor laws under a joint or co-employment theory. Most notably, the Board has...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 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 Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

Littler on 7/13/2016

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees...more

NLRB Holds Employer Consent Not Required for a Union to Represent a Bargaining Unit Combining both Regular and Temporary Employees

FordHarrison on 7/13/2016

In a July 11, 2016, decision that will make it easier for unions to organize temporary employees, the National Labor Relations Board (NLRB) overruled existing precedent and held a union may represent a bargaining unit...more

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