News & Analysis as of

National Labor Relations Board NPRM Employer Liability Issues

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 -
DirectEmployers Association

OFCCP Week In Review: August 2023

Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

Williams Mullen on

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

Sherman & Howard L.L.C.

The NLRB’s New Joint Employer Rule: Moving the Goalposts, Providing No Guideposts

Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more

Miller Canfield

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on

​​​​​​​On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

Burr & Forman on

Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Proposed Joint Employer Rule Rolling Back Trump-Era Standard

On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

Seyfarth Shaw LLP

National Labor Relations Board Proposed New Joint-Employer Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer...more

Jackson Lewis P.C.

NLRB Chair Responds To Senators, Confirms NLRB Will Engage In Rulemaking For Joint Employer Standard

Jackson Lewis P.C. on

New NLRB Chairman John Ring has stated that the Board intends to use rulemaking to create a new joint employer standard. The statement was in response to a May 29 letter from Democratic Senators Elizabeth Warren, Kirsten...more

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