News & Analysis as of

National Labor Relations Board Joint Employers Franchisors

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 -
Baker Donelson

Federal Court Invalidates National Labor Relations Board Joint Employer Regulations

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The U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board's (NLRB) recent joint employer regulations on March 8, 2024. As things stand, the new regulations will not be put into...more

McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

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The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Ballard Spahr LLP

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

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On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

Hogan Lovells

U.S. NLRB makes it more likely to deem companies as joint-employers

Hogan Lovells on

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

Parker Poe Adams & Bernstein LLP

NLRB Finalizes Joint Employer Rule

Last week, the National Labor Relations Board (NLRB) issued final rules broadening the definition of joint employers under federal labor law. A joint employer is a company that is not the employee’s direct W-2 employer, but...more

Morgan Lewis

NLRB Issues New Joint Employer Rule Affirming Expansive Joint Employer Status

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The NLRB recently published its final rule on the standard for determining joint employer status, broadening the circumstances under which separate businesses can be considered joint employers—thereby making them obligated to...more

Vedder Price

NLRB’s New Joint Employer Test Significantly Expands Circumstances Under Which Separate Entities Will Be Deemed Joint Employers

Vedder Price on

On October 26, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its long-awaited final rule establishing a new standard for determining when two employers are joint employers under the National Labor...more

Sherman & Howard L.L.C.

The NLRB’s Joint Employer Rule – Warning: Objects [of Liability] May Be Closer Than They Appear

Sherman & Howard L.L.C. on

Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a...more

Locke Lord LLP

‎“Unlawyering” Can Avoid Joint Employer Status Under the New NLRB Rule

Locke Lord LLP on

The highly controversial joint employer regulation just issued by the National Labor Relations Board (NLRB) on October 26 is not so different than the standard that has historically been applied in determining whether a group...more

Roetzel & Andress

The National Labor Relations Board Issues Expansive Joint Employer Rule

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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

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on

In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Fox Rothschild LLP

Franchise Industry Calamity Averted, For Now

Fox Rothschild LLP on

In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and the new Biden Administration guard at the Department of...more

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Lewitt Hackman

Franchisor 101: Joint Employer Wars (The Final Episode?)

Lewitt Hackman on

Last month, the National Labor Relations Board (NLRB) issued a final rule governing joint-employer status under the National Labor Relations Act (NLRA). The rule should resolve years of controversy over who is an employer...more

Lathrop GPM

The Franchise Memorandum - Issue 251

Lathrop GPM on

Court Dismisses Ostensible Agency Claim on Motion for Reconsideration - A federal court in California has granted a motion for reconsideration in light of recent Ninth Circuit precedent, reversing the district court’s...more

K&L Gates LLP

The National Labor Relations Board Issues Second in Trio of Agency Rules to Clarify Its Joint Employer Standard

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On February 26, 2020, the National Labor Relations Board (NLRB) formally issued its final rule on joint employment under the National Labor Relations Act (NLRA). ...more

Jackson Lewis P.C.

Labor Board Issues Final Rule For Determining Joint-Employer Status

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has published its final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several...more

McCarter & English, LLP

NLRB Joint Employer Regulations Provide Clarity But Not Full Picture

The modern workplace has a dizzying array of formal and informal relationships between individuals performing work and the persons and entities they perform the work for—beyond just the typical employer/employee relationship....more

Husch Blackwell LLP

NLRB Announces Final Rule On Joint Employer Standard

Husch Blackwell LLP on

Key points- • On February 26, 2020, the National Labor Relations Board issued its final rule on the joint employer standard limiting the imposition of joint employer status to businesses that exercise substantial, direct...more

Fox Rothschild LLP

Franchising: Batting A Thousand In Spring Training!

Fox Rothschild LLP on

In my recent post commenting on the Department of Labor’s joint employer rule, I wondered whether the NLRB would follow suit. Now we know, and the answer’s positive. It’s very good news for franchising! As we noted in a...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

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On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Kilpatrick

NLRB Issues New Final Rule on Joint Employers

Kilpatrick on

Summary - This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obama-era precedent on joint-employer status and making it harder to show that two companies were joint...more

Kilpatrick

National Labor Relations Board Issues New Final Rule on Joint Employers

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This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obamaera precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

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