News & Analysis as of

National Labor Relations Board Subcontractors Staffing Agencies

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 -
Jackson Lewis P.C.

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

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

NLRB Casts Wider Joint-Employer Net With New Final Rule

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

Dickinson Wright

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

Mintz - Employment, Labor & Benefits...

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

Mintz - Employment, Labor & Benefits...

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

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

Seyfarth Shaw LLP

Energy Insights: An Update from the Third Quarter of 2015

Seyfarth Shaw LLP on

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

Obermayer Rebmann Maxwell & Hippel LLP

Browning-Ferris: The NLRB Redefines Joint-Employer Status

On August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste...more

Littler

Senate Panel Takes up Joint Employer Issue

Littler on

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

Womble Bond Dickinson

Labor Day Hot Topics

Womble Bond Dickinson on

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

Benesch

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

Benesch on

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

K&L Gates LLP

NLRB Broadens Joint Employment Standard

K&L Gates LLP on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Foley & Lardner LLP

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Foley & Lardner LLP on

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

Dorsey & Whitney LLP

NLRB Issues Long-Awaited Joint Employer Decision

Dorsey & Whitney LLP on

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

Orrick - Employment Law and Litigation

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

Robinson & Cole LLP

Board’s Decision Revises Joint-Employer Status Test

Robinson & Cole LLP on

On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

Cozen O'Connor

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

Cozen O'Connor on

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

McCarter & English, LLP

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

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

Foley Hoag LLP

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

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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

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