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National Labor Relations Board › Joint Employers › The National Labor Relations Act

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 -
Lathrop GPM

NLRB Moves to Voluntarily Dismiss Joint Employer Rulemaking Appeal

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In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB’s 2023 joint employer rule. In that decision, the Eastern District of Texas...more

Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

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Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

Benesch

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

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Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Proskauer - Labor Relations Update

BREAKING: NLRB Drops Attempt to Revive 2023 Joint-Employer Rule

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On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of...more

Bass, Berry & Sims PLC

NLRB Withdraws Appeal of Joint Employer Rule

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The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge’s Decision Deals Serious Blow to NLRB’s Joint Employer Rule and Continued Efforts to Expand Who Constitutes an...

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On March 8, 2024, a federal judge in the United States District Court for the Eastern District of Texas dealt a serious blow to the National Labor Relations Board’s (the “Board”) efforts to further increase the reach of the...more

Laner Muchin, Ltd.

Federal Court Vacates DOL’s Joint Employer Rule Issued in 2023

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In Chamber of Commerce of United States v. NLRB, No. 23-cv-00553, 2024 U.S. Dist. LEXIS 43016 (E.D. Tex. Mar. 8, 2024), the United States District Court for the Eastern District of Texas vacated the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

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The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

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The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

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The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

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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

Clark Hill PLC

Texas Federal Court's Invalidation of 2023 NLRB Joint Employer Rule Buys Employers Time

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The United States District Court for the Eastern District of Texas just struck down the National Labor Relations Board’s (NLRB) new rule that broadened the test for determining when separate businesses may be considered joint...more

Parker Poe Adams & Bernstein LLP

Federal Court Throws Out NLRB's Joint Employer Rule

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Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more

White and Williams LLP

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

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On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

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The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Lathrop GPM

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

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On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...more

Benesch

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

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A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more

Bond Schoeneck & King PLLC

Texas Federal Court Strikes Down NLRB Joint Employer Rule

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On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the...more

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

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On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Morgan, Brown & Joy, LLP

Federal Court Vacates NLRB’s New Joint Employment Rule and Enjoins Its Enforcement Against Employers

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On March 8, 2024, the United States District Court for the Eastern District of Texas issued a decision vacating the NLRB’s new rule governing the status of a “joint employer” under the National Labor Relations Act (NLRA) and...more

Miller Canfield

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

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On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

Husch Blackwell LLP

NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

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Employers in the United States received a significant win on March 8, 2024 when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing...more

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