News & Analysis as of September 21, 2024

Collective Bargaining

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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 Casts Wider Joint-Employer Net With New Final Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/30/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more

Top Five Labor Law Developments for April 2023

Jackson Lewis P.C. on 5/11/2023

The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more

OFCCP Week In Review: May 2022

DirectEmployers Association on 5/2/2022

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Under Construction - December 2016

Snell & Wilmer on 12/8/2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

Mintz - Employment, Labor & Benefits... on 11/4/2015

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

Benesch on 9/8/2015

Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

Littler on 9/8/2015

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more

NLRB Broadens Joint Employment Standard

K&L Gates LLP on 9/4/2015

Last week, the National Labor Relations Board reversed long-standing precedent and ruled that a company may be a joint employer of another company’s workers if it has the right to control those workers, even if that right is...more

NLRB Delivers New Joint-Employer Standard - Decision Leaves Franchisors, Contractors, Parent Companies, and Other Employers...

Holland & Knight LLP on 9/4/2015

The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Foley & Lardner LLP on 9/3/2015

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

NLRB Issues Long-Awaited Joint Employer Decision

Dorsey & Whitney LLP on 9/3/2015

A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

Perkins Coie on 9/1/2015

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Cozen O'Connor on 9/1/2015

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

McCarter & English, LLP on 9/1/2015

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

Baker Donelson on 9/1/2015

The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

National Labor Relations Board Issues Controversial Decision Regarding Who is A Joint Employer

Foley Hoag LLP on 8/31/2015

One of the most fundamental concepts under federal labor law is identifying who is the employer. Under the National Labor Relations Act, “the employer” has a duty to bargain with the union representing its employees, is bound...more

Too Close for Comfort? NLRB Departs from Long Standing Joint Employer Standard

Proskauer - Law and the Workplace on 8/31/2015

Citing “changing economic circumstances, particularly the recent dramatic growth in contingent employment relationships,” in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (August 27, 2015), a 3-2 National...more

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

Proskauer - Labor Relations on 4/19/2013

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more

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