News & Analysis as of September 19, 2024

Regulatory Reform

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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 -

OFCCP Week In Review: November 2023 #2

DirectEmployers Association on 11/13/2023

Wednesday, November 8, 2023: US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards - Corresponding with Veterans Day 2023, the U.S. Department of Labor’s Veterans Employment and Training Service...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

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

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

Butler Snow LLP on 10/31/2023

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

Steptoe & Johnson PLLC on 10/31/2023

The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

NLRB Revisits Union Dues Checkoff Rule

Sheppard Mullin Richter & Hampton LLP on 10/10/2022

The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more

NLRB Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB: Browning-Ferris Unjustly Found A Joint Employer

Jackson Lewis P.C. on 8/3/2020

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

Seyfarth Shaw LLP on 3/10/2020

On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

Stinson LLP on 3/6/2020

On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

New NLRB Rule Clarifies Joint Employer Doctrine

Best Best & Krieger LLP on 3/5/2020

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

McNees Wallace & Nurick LLC on 3/5/2020

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

NLRB Issues Joint Employer Final Rule

Akerman LLP - HR Defense on 3/4/2020

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on 2/27/2020

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on 2/26/2020

The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on 2/26/2020

On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on 2/26/2020

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

New NLRB Rule Defining Joint-Employer Status to Take Effect

Epstein Becker & Green on 2/26/2020

The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more

Seyfarth Policy Matters Newsletter - December 2019 #2

Seyfarth Shaw LLP on 12/13/2019

Another Future of Work Hearing Scheduled. The House Higher Education and Workforce Development Subcommittee has announced a hearing titled “The Future of Work: Ensuring Workers Are Competitive in a Rapidly Changing Economy.”...more

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

Robinson+Cole Manufacturing Law Blog on 1/30/2019

This week’s post is somewhat breathless because so much happened or is about to happen. You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right...more

Make a U-Turn Now: NLRB Re-Writes Independent Contractor Test

Ballard Spahr LLP on 1/29/2019

The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more

D.C. Circuit Decision Clouds Joint Employer Battle

Ballard Spahr LLP on 1/16/2019

At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more

D.C. Circuit Wrestles with Board’s Controversial Browning-Ferris Decision

Polsinelli on 1/3/2019

On December 28, 2018, the U.S. D.C. Circuit Court of Appeals upheld the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer test as articulated in Browning-Ferris Industries, 362 NLRB No. 186. ...more

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

Littler on 1/2/2019

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

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