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National Labor Relations Board › Public Comment › Rulemaking Process

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 -
Burr & Forman

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

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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

Bradley Arant Boult Cummings LLP

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Bradley Arant Boult Cummings LLP on

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

Obermayer Rebmann Maxwell & Hippel LLP

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

Obermayer Rebmann Maxwell & Hippel LLP on

​​​​​​​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

Steptoe & Johnson PLLC

New NLRB Proposed Rule Expands Joint Employer Definition

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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

Fisher Phillips

The Never-Ending Story? NLRB Proposes New Rule Shifting Back to Broad Definition of ‘Joint Employer’

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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

DirectEmployers Association

OFCCP Week In Review: November 2020

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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

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

Proskauer - Labor Relations Update on

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Seyfarth Shaw LLP

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

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Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Akerman LLP - HR Defense

NLRB Proposes Employer Friendly Changes to Union Election Rules

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Employers may find it easier to remain union-free based on new rules proposed last week by the National Labor Relations Board for bringing unions into and out of the work place....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2019 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

EEO-1 Developments. Kiosha H. Dickey has the details on some developments regarding litigation over the U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 form. Even with the recent decision to lift the stay of the...more

Jackson Lewis P.C.

Labor Board Further Extends Deadline For Submitting Comments On Proposed Joint-Employer Rulemaking

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The National Labor Relations Board has once again extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act,...more

Ervin Cohen & Jessup LLP

National Labor Relations Board Proposes Relaxed Rule on Joint Employment

Ervin Cohen & Jessup LLP on

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

Lewitt Hackman

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Foley & Lardner LLP

Labor Board Moves to Clear the Confusion on Joint Employment

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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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Parker Poe Adams & Bernstein LLP

NLRB Proposes Rule to Limit Joint-Employer Status

Parker Poe Adams & Bernstein LLP on

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

Smith Debnam Narron Drake Saintsing & Myers,...

NLRB Proposes New Joint Employer Standard

Smith Debnam Narron Drake Saintsing & Myers,... on

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

Proskauer - Labor Relations Update

NLRB Announces Proposed Rule Changing Joint-Employer Standard

Proskauer - Labor Relations Update on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Benesch

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

Benesch on

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

Sheppard Mullin Richter & Hampton LLP

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

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The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more

Fisher Phillips

Labor Board Proposes Complete Overhaul To Joint Employment Rule

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In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more

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