News & Analysis as of

National Labor Relations Board Notice of Proposed Rulemaking (NOPR) Joint Employers

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 -
Davis Wright Tremaine LLP

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,...more

Perkins Coie

November Tip of the Month: NLRB Proposes New “Joint Employer” Legal Standard

Perkins Coie on

The National Labor Relations Board (NLRB) recently released a Notice of Proposed Rulemaking (Proposed Rule) which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act...more

Foley & Lardner LLP

Proposed Joint Employer Rule May Have Employers Tied in Knots

Foley & Lardner LLP on

Earlier this month, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPR) designed to address the standards the NLRB will use in determining joint employer status under the National Labor...more

Mintz - Employment Viewpoints

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Jackson Lewis P.C.

Could Leagues and Teams be Joint Employers Before the NLRB?

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA)....more

Hogan Lovells

NLRB issues new notice of proposed rulemaking on joint-employer standard

Hogan Lovells on

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

Smith Debnam Narron Drake Saintsing & Myers,...

National Labor Relations Board Proposes Expansive New Rule For Joint Employment Status

It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are deemed for labor enforcement purposes to be joint employers will soon be revised. On...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

Cozen O'Connor

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control

Cozen O'Connor on

On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers...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

Proskauer - Labor Relations Update

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Brown Ferris” Indirect...

Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #4

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

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: June 2021 #5

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

Prepping for Full Compliance! Five Important Legal Compliance Issues Impacting the Hospitality Industry

Epstein Becker & Green on

Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more

Fisher Phillips

Whiplash: How To Manage During Joint Employer Uncertainty

Fisher Phillips on

The standard for determining joint employment status has been in a state of near-constant flux for more than three years. The back-and-forth has subjected employers to much indigestion when trying to determine which employees...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

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

Morgan Lewis

NLRB Rulemaking Seeks to Clarify Joint-Employer Standard

Morgan Lewis on

On September 14, the National Labor Relations Board published a Notice of Proposed Rulemaking that could fundamentally change the joint-employer standard established by Browning-Ferris in 2015 and provide more clarity and...more

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