News & Analysis as of September 18, 2024

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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 District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on 3/21/2024

Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on 3/14/2024

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on 3/12/2024

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on 3/11/2024

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on 3/1/2024

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

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

NLRB issues "joint employer" regulations

Constangy, Brooks, Smith & Prophete, LLP on 10/31/2023

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

The National Labor Relations Board Issues Expansive Joint Employer Rule

Roetzel & Andress on 10/30/2023

Do you use a staffing agency to provide workers for your day-to-day operations? Are you a franchisor that licenses your trademark and business model to franchisees? If you answered “yes” to either of these questions,...more

Speak Now or Forever Hold Your Peace - NLRB Proposes New Rules on Joint Employer Status

Dentons on 9/15/2022

Over the last decade, there has been confusion and a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability...more

Court Vacates Key Parts of DOL “Joint Employer” Rule Months After Implementing

PilieroMazza PLLC on 9/17/2020

On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA). The court determined...more

NLRB: Browning-Ferris Unjustly Found A Joint Employer

Jackson Lewis P.C. on 8/3/2020

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

NLRB Will Restart Union Representation Elections April 6, 2020

Perkins Coie on 4/13/2020

The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that, The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more

Who’s The Boss? The NLRB Clarified Joint Employment (Again)

Burr & Forman on 3/18/2020

As our clients know, the National Labor Relations Board (“NLRB”) does not only regulate unionized workforces. The Board’s rulemaking and legal decisions affect all workplaces: both unionized and non-union....more

New NLRB Rule Clarifies Joint Employer Doctrine

Best Best & Krieger LLP on 3/5/2020

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

McNees Wallace & Nurick LLC on 3/5/2020

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

NLRB Issues Joint Employer Final Rule

Akerman LLP - HR Defense on 3/4/2020

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

NLRB’s Joint Employer Rule Signals a Welcome Return to Sensible Workplace Regulation

Carlton Fields on 2/28/2020

For countless companies that contract with other businesses for human capital or other services in which the employees of one entity are deployed to perform work for another, there is always a risk that the misdeeds of one...more

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on 2/27/2020

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...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

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on 2/26/2020

The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on 2/26/2020

On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on 2/26/2020

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

New NLRB Rule Defining Joint-Employer Status to Take Effect

Epstein Becker & Green on 2/26/2020

The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more

The Joint Employer Rollercoaster Continues: DOL Announces Proposed Changes

Cozen O'Connor on 4/8/2019

For the past several years, the issue of joint employer status has been in a constant state of flux, creating uncertainty for employers. In an effort to clarify this issue, the Department of Labor (“DOL”) issued a proposed...more

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