News & Analysis as of

National Labor Relations Board › Joint Employers › Right to Control

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 -
Fisher Phillips

PEO Pointers: 3 Steps to Stay in Control of the Joint Employment “Right to Control” Debate

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: the...more

Miller Canfield

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

Miller Canfield on

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

Ervin Cohen & Jessup LLP

NLRB Issues Rule Expanding Definition of Joint Employer

Ervin Cohen & Jessup LLP on

The National Labor Relations Board recently issued a final rule broadening who may be considered a joint employer of another employer’s employees under the National Labor Relations Act....more

BakerHostetler

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

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

NLRB Casts Wider Joint-Employer Net With New Final Rule

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

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more

Fisher Phillips

Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

Fisher Phillips on

The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more

Cozen O'Connor

Employment Law Now VI-120 - Joint Employer Ping Pong

Cozen O'Connor on

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

Morgan Lewis

NLRB Seeks to Broadly Expand Joint Employer Standard

Morgan Lewis on

In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more

Fisher Phillips

The Never-Ending Story? NLRB Proposes New Rule Shifting Back to Broad Definition of ‘Joint Employer’

Fisher Phillips on

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

Fisher Phillips

Fourth Time’s the Charm? NLRB Now Set to Change Joint-Employer Standard After Federal Appeals Court Punts Case Back to the Board

Fisher Phillips on

A federal appeals court in Washington, D.C. recently issued a decision in the latest installment of the Browning-Ferris joint-employer dispute that should serve as a reminder to employers across the country that change is...more

Benesch

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

Benesch on

​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Fisher Phillips

Labor Board Will Roll Back Joint Employer Standard in 2022

Fisher Phillips on

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

DirectEmployers Association

OFCCP Week In Review: August 2021

DirectEmployers Association on

“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more

Obermayer Rebmann Maxwell & Hippel LLP

UPDATE: NLRB Tightens Joint Employer Rule in Favor of Employers

Obermayer Rebmann Maxwell & Hippel LLP on

This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

Faegre Drinker Biddle & Reath LLP on

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Eversheds Sutherland (US) LLP

NLRB issues new rule regarding joint employer status

Eversheds Sutherland (US) LLP on

After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Benesch

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

Benesch on

The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

Best Best & Krieger LLP on

The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

Foley & Lardner LLP

The “Joint-Employer” Saga Continues

Foley & Lardner LLP on

Litigation continues over the standard for determining how and under what circumstances a joint-employer relationship can exist. On December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit...more

Butler Snow LLP

D.C. Circuit “Refines” the NLRB’s Joint Employer Test

Butler Snow LLP on

In a 2-1 decision issued December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit upheld the National Labor Relations Board’s (NLRB’s) determination that both an employer’s reserved authority...more

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

Exacerbating Uncertainty: D.C. Circuit Issues Confusing Browning-Ferris Decision

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

On December 28, 2018, the D.C. Circuit issued its long-awaited decision regarding the National Labor Relations Board’s (NLRB) 2015 decision in Browning-Ferris Industries. Rather than bring clarity to the uncertainty and...more

Fisher Phillips

Federal Court Upholds Unworkable Joint Employer Test

Fisher Phillips on

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

Polsinelli

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

Polsinelli on

On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more

60 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide