News & Analysis as of September 19, 2024

Temporary Employees

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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 -

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on 12/28/2023

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

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

Browning-Ferris: The NLRB Redefines Joint-Employer Status

Obermayer Rebmann Maxwell & Hippel LLP on 10/9/2015

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

Senate Panel Takes up Joint Employer Issue

Littler on 10/6/2015

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

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

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

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

Orrick - Employment Law and Litigation on 9/3/2015

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

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

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

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