News & Analysis as of September 23, 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 -

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

Labor Board Will Roll Back Joint Employer Standard in 2022

Fisher Phillips on 12/20/2021

As an early holiday present to organized labor, the National Labor Relations Board recently announced it will issue proposed rulemaking on joint employers in February 2022, almost certainly reworking the legal standards to...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

Federal Court Upholds Unworkable Joint Employer Test

Fisher Phillips on 12/31/2018

With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more

NLRB Considers Changing Joint-Employer Standard via Rulemaking Process

Polsinelli on 5/18/2018

On May 9, 2018, National Labor Relations Board (“NLRB” or “Board”) Chairman John F. Ring announced the Board is considering whether to change the current joint-employer standard via the Board’s rulemaking process. ...more

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

Proskauer - Labor Relations Update on 5/15/2018

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma

Fisher Phillips on 5/14/2018

In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...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

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

Fisher Phillips on 1/2/2018

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

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