News & Analysis as of September 19, 2024

National Labor Relations Board › Joint Employers › Economic Realities Test

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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... 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 -

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

Arnall Golden Gregory LLP on 3/22/2024

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

Employment Flash - October 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 10/16/2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...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

Joint Employment Standards

Best Best & Krieger LLP on 9/6/2017

The last few years have seen a number of attempts to revise well-established joint employer standards under both the National Labor Relations Act and the Fair Labor Standards Act. While many of the recent developments impact...more

Early Returns: Browning-Ferris and the Expanding Employment Relationship

Faegre Drinker Biddle & Reath LLP on 11/3/2015

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

Hot Topics: Worker Classification Issues

Bradley Arant Boult Cummings LLP on 10/2/2015

Worker classification issues are popping up in the news a lot again. This is because the National Labor Relations Board (NLRB) is taking a more aggressive view on joint-employer standards under the National Labor Relations...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Bond Schoeneck & King PLLC on 9/10/2015

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2015

Around the same time the National Labor Relations Board (NLRB) issued its controversial and precedent-shattering decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, a franchise...more

The Joint Employer Doctrine Strikes Again

Sands Anderson PC on 9/2/2015

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more

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