News & Analysis as of September 19, 2024

Browning-Ferris Industries of California Inc.

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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 -

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on 3/14/2024

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on 3/12/2024

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

House Votes to Overturn NLRB’s Joint Employer Rule

Brownstein Hyatt Farber Schreck on 1/19/2024

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Akerman LLP - HR Defense on 11/9/2023

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)....more

NLRB Adopts New Final Rule and Again Broadens Joint-Employment Analysis

Maynard Nexsen on 11/9/2023

The National Labor Relations Board (“NLRB”) recently issued a final rule, again altering the standard for joint-employer status under the National Labor Relations Act (“NLRA”). The new rule replaces the Trump-era analysis...more

What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status

McGuireWoods LLP on 11/6/2023

On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on 11/3/2023

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

NLRB Issues Final Rule on Joint-Employer Status

Foley & Lardner LLP on 11/2/2023

On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

ArentFox Schiff on 11/2/2023

It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

NLRB Issues New Rule Broadening Joint-Employer Status

Bass, Berry & Sims PLC on 11/1/2023

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked

Epstein Becker & Green on 10/31/2023

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on 10/30/2023

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more

NLRB's Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know

FordHarrison on 10/27/2023

Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating...more

Board Expands Definition of “Joint Employer” Yet Again

Polsinelli on 10/27/2023

The National Labor Relations Board (“Board”) published its final rule in the Federal Register, which has the effect of greatly expanding who may be considered a “joint employer” under the National Labor Relations Act (“Act”)....more

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

Hinshaw & Culbertson - Employment Law... on 9/21/2022

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating...more

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

Davis Wright Tremaine LLP on 9/19/2022

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

Could Leagues and Teams be Joint Employers Before the NLRB?

Jackson Lewis P.C. on 9/14/2022

The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA)....more

NLRB issues new notice of proposed rulemaking on joint-employer standard

Hogan Lovells on 9/13/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

NLRB Seeks to Broadly Expand Joint Employer Standard

Morgan Lewis on 9/12/2022

In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more

NLRB Proposes New Rules Expanding Joint Employer Status

Miller Nash LLP on 9/8/2022

The ping pong game over who is a joint employer under the National Labor Relations Act (the "Act") continues. On September 6, 2022, the Biden-appointed majority controlling the National Labor Relations Board (the "Board")...more

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard

Spilman Thomas & Battle, PLLC on 9/8/2022

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act...more

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Brown Ferris” Indirect...

Proskauer - Labor Relations Update on 9/7/2022

Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more

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National Labor Relations Board › Unions › Browning-Ferris Industries of California Inc.

Federal Court Invalidates NLRB’s Joint Employer Standard

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

House Votes to Overturn NLRB’s Joint Employer Rule

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

NLRB Adopts New Final Rule and Again Broadens Joint-Employment Analysis

What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status

New NLRB Rule Spells McTrouble for Some Employers

NLRB Issues Final Rule on Joint-Employer Status

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

NLRB Issues New Rule Broadening Joint-Employer Status

NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

NLRB's Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know

Board Expands Definition of “Joint Employer” Yet Again

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

Could Leagues and Teams be Joint Employers Before the NLRB?

NLRB issues new notice of proposed rulemaking on joint-employer standard

NLRB Seeks to Broadly Expand Joint Employer Standard

NLRB Proposes New Rules Expanding Joint Employer Status

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Brown Ferris” Indirect...

NLRB Poised to Adopt Expansive Joint-Employer Standard

D.C. Circuit Weighs in on the NLRB’s Joint-Employer Standard

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

National Labor Relations Board › Unions › Browning-Ferris Industries of California Inc.

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