News & Analysis as of September 25, 2024

Joint Employers

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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 -

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

DarrowEverett LLP on 8/7/2024

As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

Texas Court Strikes Down NLRB Joint Employer Rule

Ballard Spahr LLP on 3/13/2024

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Beltway Buzz - March 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on 12/21/2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

OFCCP Week In Review: November 2023 #3

DirectEmployers Association on 11/21/2023

Wednesday, November 15, 2023: Touting Systemic Enforcement Efforts, US EEOC Issued Its FY 2023 Agency Financial Report - Report Long on Narratives, But Short on Statistics - Agency Plans to Release Comprehensive...more

OFCCP Week In Review: June 2023 #3

DirectEmployers Association on 6/21/2023

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

Labor Law Today—2022 Year in Review

Perkins Coie on 2/15/2023

2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more

Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals

Littler on 1/6/2023

On January 4, 2023, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. Typically, these semi-annual agendas are issued in the spring and fall and outline...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

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

Burr & Forman on 9/15/2022

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

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on 9/7/2022

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

OFCCP Week In Review: June 2022 #4

DirectEmployers Association on 6/27/2022

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

Labor, Employment and Immigration Law Changes to Expect from the Biden Administration

Williams Mullen on 1/21/2021

With the inauguration of a new President come significant anticipated changes in many areas of business, but none more seismic than in labor, employment and immigration....more

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

Littler on 7/8/2020

The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2020 Edition)

Littler on 3/9/2020

Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

EEOC Joins in the Holiday Festivities by Adding Proposed Joint-Employer Rulemaking to its ‘To Do’ List

Foley & Lardner LLP on 12/3/2019

In mid-November, the Trump administration published its fall agenda. Of interest to employers, that agenda included a notice from the Equal Employment Opportunity Commission (EEOC) that it intends to clarify its...more

Expect A Trio Of Federal Joint Employment Rules In December

Fisher Phillips on 11/21/2019

Joint employment took center stage yesterday during the release of the Fall Regulatory Agenda, as three separate federal agencies announced plans to move forward with revised joint employment rules in December. While the...more

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on 11/21/2019

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

NLRB Shows Its Hand: Shift Toward Employer-Friendly Standards to Continue

Ballard Spahr LLP on 5/29/2019

The National Labor Relations Board (NLRB) last week announced its rulemaking priorities for the coming year in its Spring 2019 regulatory agenda. ...more

Beltway Buzz - May 2019 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2019

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

Agencies Update Regulatory Agenda for 2019 and Beyond

Littler on 5/28/2019

The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22,...more

D.C. Circuit Partially Upholds Obama-Era Joint Employer Test

Parker Poe Adams & Bernstein LLP on 1/14/2019

Perhaps the top priority of the Trump-appointed National Labor Relations Board has been to reverse its predecessor’s decision in Browning-Ferris. This decision expanded the traditional notion of joint employment, giving the...more

Uncertainty Returns to the Employment Landscape in 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2019

The midterm elections that took place in November 2018 have the employer community wondering what to expect in 2019. This article will examine how those elections might impact labor and employment policymaking in 2019....more

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