News & Analysis as of September 20, 2024

Browning-Ferris Industries of California Inc.

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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 Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB Proposes to Expand Joint-Employer Liability Standard

Nelson Mullins Riley & Scarborough LLP on 10/3/2022

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on 9/30/2022

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on 9/13/2022

For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2020

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

NLRB Extends Deadline For Comment On Joint Employer Proposal

Constangy, Brooks, Smith & Prophete, LLP on 11/7/2018

On October 30, the National Labor Relations Board extended the period for public comment on its proposed rule concerning joint employment. The new deadline is December 13, and comments on the comments will be received through...more

National Labor Relations Board Proposes Relaxed Rule on Joint Employment

Ervin Cohen & Jessup LLP on 10/3/2018

On September 13th, the National Labor Relations Board (NLRB) announced that it will propose a new joint employer rule that represents a relaxation of the current standard for determining if businesses are joint employers....more

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on 9/27/2018

The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Labor Board Seeks Public Comments On Proposed Rule For Determining Joint-Employer Status

Jackson Lewis P.C. on 9/27/2018

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority —...more

Labor Board Moves to Clear the Confusion on Joint Employment

Foley & Lardner LLP on 9/25/2018

On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

Foley & Lardner LLP on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

NLRB Seeks to Roll Back Obama Era Changes to Joint Employer Test

Payne & Fears on 9/18/2018

On September 14, 2018, the National Labor Relations Board released a draft rule that would reverse the NLRB’s 2015 decision in Browning-Ferris, 362 NLRB No. 186 (2015). ...more

NLRB Proposes Rule to Limit Joint-Employer Status

Parker Poe Adams & Bernstein LLP on 9/17/2018

As widely expected, on Friday, the National Labor Relations Board issued proposed regulations intended to reverse an Obama-era board decision that greatly expanded the definition of joint-employers subject to NLRB...more

NLRB Proposes New Joint Employer Standard

Smith Debnam Narron Drake Saintsing & Myers,... on 9/17/2018

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB Announces Proposed Rule Changing Joint-Employer Standard

Proskauer - Labor Relations Update on 9/17/2018

The National Labor Relations Board announced that it will publish a Notice of Proposed Rulemaking today, September 14, regarding its joint-employer standard. The proposed rule will state that an employer may be considered...more

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

Polsinelli on 9/14/2018

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

Back to Pre-BFI? NLRB Proposes a ‘Direct and Immediate’ Joint-Employer Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2018

Approximately three years after the National Labor Relations Board (NLRB) turned its decades old joint-employer standard on its head in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, on...more

National Labor Relations Board Releases Language of Proposed Rule to Reverse Obama-Era Joint-Employer Standard

Benesch on 9/14/2018

The National Labor Relations Board (“NLRB”) released today a draft rule that would reverse the Obama Board’s 2015 Browning-Ferris Industries joint-employer decision, which greatly expanded the NLRB’s test for determining...more

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

Littler on 9/14/2018

The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more

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National Labor Relations Board › Public Comment › Browning-Ferris Industries of California Inc.

NLRB Proposes New Joint Employer Rule

NLRB Proposes to Expand Joint-Employer Liability Standard

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

New NLRB Proposed Rule Expands Joint Employer Definition

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

NLRB Extends Deadline For Comment On Joint Employer Proposal

National Labor Relations Board Proposes Relaxed Rule on Joint Employment

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Labor Board Seeks Public Comments On Proposed Rule For Determining Joint-Employer Status

Labor Board Moves to Clear the Confusion on Joint Employment

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

NLRB Seeks to Roll Back Obama Era Changes to Joint Employer Test

NLRB Proposes Rule to Limit Joint-Employer Status

NLRB Proposes New Joint Employer Standard

NLRB Announces Proposed Rule Changing Joint-Employer Standard

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

Back to Pre-BFI? NLRB Proposes a ‘Direct and Immediate’ Joint-Employer Standard

National Labor Relations Board Releases Language of Proposed Rule to Reverse Obama-Era Joint-Employer Standard

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

Labor Board Proposes Complete Overhaul To Joint Employment Rule

NLRB: Changing Winds Blow in Favor of Health Care Employers

National Labor Relations Board › Public Comment › Browning-Ferris Industries of California Inc.

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