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National Labor Relations Board › Deregulation › Regulatory Reform

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 -
Polsinelli

Tis the Season: NLRB Reverses Multiple Obama Board Decisions

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Tis the season to be jolly, and the National Labor Relations Board (“NLRB” or “Board”) was in an especially giving mood for employers over this past week.  In the span of five days, it reversed several Obama era...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

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The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

Troutman Pepper

NLRB Proposes New Rule on Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

Stinson LLP

The NLRB Proposes New Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Franczek P.C.

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

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On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

FordHarrison

NLRB Proposes Regulation to Resolve Joint Employer Issue

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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

Littler

Agencies Release Regulatory Roadmap for 2018 and Beyond

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The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more

Akerman LLP - HR Defense

Joint Employer Standard: Whiplash!

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In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

Sheppard Mullin Richter & Hampton LLP on

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Hogan Lovells

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

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As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

Stinson LLP

NLRB Gives Browning-Ferris a Stay of Execution

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On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

Troutman Pepper

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

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Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

FordHarrison

NLRB Joint Employer Whiplash

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The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

Dickinson Wright

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

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As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

Franczek P.C.

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

Franczek P.C. on

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

Littler

President's FY 2019 Budget Proposal Signals Cuts to Labor and Employment Funding

Littler on

President Trump's budget proposal for fiscal year 2019 indicates the administration intends to scale back the Department of Labor (DOL) and National Labor Relations Board (NLRB). ...more

Robinson+Cole Construction Law Zone

The Trump N.L.R.B. Gift Giving Season

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Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases expending employee and labor union protections. In a...more

Akerman LLP - HR Defense

Joint Employer Standard Relaxed – For Now

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Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

FordHarrison

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

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On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Akerman LLP - HR Defense

NLRB Gift: Staying Non-Union May Be A Little Easier

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The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

Robinson+Cole Manufacturing Law Blog

The Trump N.L.R.B. Gift Giving Season

Robinson+Cole Manufacturing Law Blog on

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections. In...more

Seyfarth Shaw LLP

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Seyfarth Shaw LLP

GC Memorandum 18-02 “Remedies” – Board’s Approach To Remedies

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Littler

NLRB Issues Reversal of Obama-Era Precedent on Settlements and Seeks Comment on Quickie Election Rule

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As anticipated, the new National Labor Relations Board Republican majority has begun a dramatic shift in labor policy. As the clock ticked down on Chairman Philip Miscimarra’s term, which expired on December 16, 2017, and...more

Franczek P.C.

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

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Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

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