News & Analysis as of September 19, 2024

Temporary Employees

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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 -

NLRB New Joint Employer Rule Put on Hold. . . Again

Frantz Ward LLP on 2/26/2024

In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take...more

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on 1/3/2024

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on 12/28/2023

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

Jackson Lewis P.C. on 12/12/2023

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on 11/22/2023

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

NLRB Issues Final Rule on Joint-Employer Status

Husch Blackwell LLP on 10/30/2023

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

Have You Unknowingly Become a Joint Employer? The Potential Perils of Using Temporary Workers in the Automotive and Manufacturing...

Clark Hill PLC on 5/12/2023

For years, companies in the automotive and manufacturing industries have utilized temporary workers as a means of supplementing their regular workforce, particularly with regard to hourly staff. One of the primary reasons...more

Temporary Workers in California After Sullivan, Ward, and Oman

Stoel Rives - World of Employment on 2/19/2021

The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a...more

Reducing Risks Associated With Temporary Staffing Agencies

Akerman LLP - HR Defense on 10/26/2018

Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on 9/6/2017

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

Foley & Lardner LLP on 4/20/2017

It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts....more

Joint Employer Rule: Is Guidance on the Way?

Foley & Lardner LLP on 11/28/2016

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

Union Election Ordered After NLRB's Joint-Employer Ruling Regarding Construction Company And The Temporary Staffing Agency Which...

Laner Muchin, Ltd. on 10/13/2016

In a recent decision, the National Labor Relations Board (NLRB) followed its controversial August 2015 joint employer ruling known as Browning-Ferris, in which the NLRB expanded its standard on joint employers to include...more

NLRB’s new ‘joint employer’ standard threatens business interests

McAfee & Taft on 9/28/2016

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more

The NLRB, Franchisees, And Temporary Employees

Fisher Phillips on 9/6/2016

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

The NLRB Eases the Way for Temporary Employees to Unionize

Baker Donelson on 8/10/2016

On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

Davis Wright Tremaine LLP on 7/27/2016

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company

Bradley Arant Boult Cummings LLP on 7/25/2016

As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another...more

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

Stoel Rives - World of Employment on 7/25/2016

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &...more

The Latest in Labor: NLRB Update, Part One

Kelley Drye & Warren LLP on 7/22/2016

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

Parker Poe Adams & Bernstein LLP on 7/20/2016

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

Constangy, Brooks, Smith & Prophete, LLP on 7/20/2016

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit...more

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

McCarter & English, LLP on 7/19/2016

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

NLRB Expands Temporary/Contingent Worker Organizing Rights

Morgan Lewis on 7/18/2016

The Board’s recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of “user” and “supplier” employees much more easily than before....more

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