News & Analysis as of September 25, 2024

Regulatory Reform

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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: Browning-Ferris Unjustly Found A Joint Employer

Jackson Lewis P.C. on 8/3/2020

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

New NLRB Rule Clarifies Joint Employer Doctrine

Best Best & Krieger LLP on 3/5/2020

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

McNees Wallace & Nurick LLC on 3/5/2020

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

NLRB Issues Joint Employer Final Rule

Akerman LLP - HR Defense on 3/4/2020

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...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

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on 2/27/2020

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on 2/26/2020

The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on 2/26/2020

On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on 2/26/2020

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

New NLRB Rule Defining Joint-Employer Status to Take Effect

Epstein Becker & Green on 2/26/2020

The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more

WHD’s Joint Employer Reg Heads to White House

Seyfarth Shaw LLP on 3/4/2019

On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. ...more

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

Best Best & Krieger LLP on 1/17/2019

The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

D.C. Circuit Decision Clouds Joint Employer Battle

Ballard Spahr LLP on 1/16/2019

At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more

New Year, Old Test? NLRB’s Continuing Efforts to Roll Back Obama-Era Joint Employment Standard Hit Another Roadblock

Foley & Lardner LLP on 1/9/2019

If the NLRB were a TV drama (imagine the ratings!), the most recent Christmastime decision by the D.C. Circuit Court of Appeals would have been a season-ending cliffhanger. It leaves the future of joint employment in doubt...more

D.C. Circuit Wrestles with Board’s Controversial Browning-Ferris Decision

Polsinelli on 1/3/2019

On December 28, 2018, the U.S. D.C. Circuit Court of Appeals upheld the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer test as articulated in Browning-Ferris Industries, 362 NLRB No. 186. ...more

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

Littler on 1/2/2019

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

And The Waiting Continues . . . NLRB Extends Comment Period On Joint Employer Rule Once Again

Seyfarth Shaw LLP on 12/18/2018

Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due...more

NLRB Proposes New Rule on Joint Employer Standard

Troutman Pepper on 9/21/2018

On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

The NLRB Proposes New Joint Employer Standard

Stinson LLP on 9/19/2018

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

Franczek P.C. on 9/18/2018

On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

NLRB Proposes Regulation to Resolve Joint Employer Issue

FordHarrison on 9/18/2018

On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

National Labor Relations Board Proposed New Joint-Employer Rule

Seyfarth Shaw LLP on 9/17/2018

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

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

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

Coming Soon: NLRB Promises Rulemaking on Joint-Employer Standard by End of Summer

Polsinelli on 6/15/2018

By letter dated June 5, 2018, National Labor Relations Board Chairman John Ring announced that the Board will issue a proposed regulation to determine when employers may be considered joint employers under the National Labor...more

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