News & Analysis as of September 22, 2024

Employer Liability Issues

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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 -

SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

Seyfarth Shaw LLP on 6/18/2024

In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more

Starbucks Union Dispute Reaches Supreme Court

Benesch on 1/23/2024

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on 8/4/2023

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

Hogan Lovells on 7/11/2023

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on 6/19/2023

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Pain Relief In Sight: DOL Issues Final Joint-Employer Rule

ArentFox Schiff on 1/14/2020

On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more

Continuing Uncertainty over the Legality of Employer Rules Regulating Employee “Manners” in the Workplace

Holland & Hart - Employers' Lawyers on 7/11/2019

The National Labor Relations Board (the “Board”) recently refined its test to determine whether employment rules violate Section 8(a)(1) of the National Labor Relations Act (the “Act”) in The Boeing Company, 365 NLRB No. 154...more

Former NLRB Member Reemphasizes Confusion Created by Browning-Ferris Decision

Kelley Drye & Warren LLP on 10/19/2015

Successful businesses expand. Sometimes they even franchise themselves, offering opportunities for other small businesses to take root. The National Labor Relations Board (“NLRB”) decision has expanded liability for small...more

Joint-Employer Status: New NLRB Standards Reset the Stage and Redefine the Players

Epstein Becker & Green on 9/15/2015

For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more

The NLRB’s New Joint Employer Standard Creates Confusion and Uncertainty for Employers

Akin Gump Strauss Hauer & Feld LLP on 9/11/2015

If you read one thing... - NLRB outlines new test for determining joint employer relationships though full extent of the implications remain unclear - Two businesses can be joint employers even where there is...more

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