News & Analysis as of September 25, 2024

Employment Terms

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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 -

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

Fox Rothschild LLP on 9/7/2023

In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

NLRB Overturns Standard for Independent Contractor Status Under the NLRA

Sheppard Mullin Richter & Hampton LLP on 6/16/2023

On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more

Employment Law Now VI-120 - Joint Employer Ping Pong

Cozen O'Connor on 9/19/2022

This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers....more

The Never-Ending Story? NLRB Proposes New Rule Shifting Back to Broad Definition of ‘Joint Employer’

Fisher Phillips on 9/8/2022

The National Labor Relations Board (NLRB) just proposed a controversial new rule that could soon make it easier for workers to be considered employees of more than one entity for labor relations purposes. The Biden...more

New Light On Handbooks And Work Rules

Fisher Phillips on 7/8/2019

During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social...more

It’s Perfectly Clear Once Again— NLRB Limits “Perfectly Clear” Successor Exception

Sheppard Mullin Richter & Hampton LLP on 4/10/2019

The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more

Whiplash: How To Manage During Joint Employer Uncertainty

Fisher Phillips on 1/7/2019

The standard for determining joint employment status has been in a state of near-constant flux for more than three years. The back-and-forth has subjected employers to much indigestion when trying to determine which employees...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Fisher Phillips on 1/4/2018

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

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National Labor Relations Board › Employer Liability Issues › Employment Terms

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