News & Analysis as of September 19, 2024

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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 -

Strategies to Cope with New NLRB Joint Employer Ruling

Dorsey & Whitney LLP on 10/22/2015

On August 27, 2015 the NLRB expanded its joint-employer test, which union supporters hope will apply to franchising. See January 2015 WaronFranchising.com blog entry for background. In a 3-2 decision on partisan lines, the...more

NLRB Broadens its Test for Determining Joint-Employer Status

Sheppard Mullin Richter & Hampton LLP on 9/8/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

NLRB Changes Standard for Determining Joint Employer Status

Akerman LLP - HR Defense on 9/8/2015

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

NLRB Redefines and Broadens the Joint Employment Standard

Burr & Forman on 9/4/2015

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...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

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

Davis Wright Tremaine LLP on 8/6/2014

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has...more

NLRB Lawyers Declare Franchisor to be Joint Employer

Parker Poe Adams & Bernstein LLP on 8/5/2014

Last week, the National Labor Relations Board’s general counsel announced its position that McDonald’s Corporation can be considered a joint employer with its franchisees for purposes of unfair labor practice claims. This...more

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