Employment Law Now VI-120 - Joint Employer Ping Pong
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more
The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more
A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more
In a decision titled The Atlanta Opera, Inc. and issued by the National Labor Relations Board (“NLRB”) on Tuesday, June 13, 2023 (the “Decision”), the NLRB made it more difficult for employers to classify workers as...more
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
The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more
This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more
On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more
Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more
In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more
The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more
On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more
The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more
As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more
Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
Successful businesses expand. Sometimes they even franchise themselves, offering opportunities for other small businesses to take root. The National Labor Relations Board (“NLRB”) decision has expanded liability for small...more
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
For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more
As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more
If you read one thing... - NLRB outlines new test for determining joint employer relationships though full extent of the implications remain unclear - Two businesses can be joint employers even where there is...more
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
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
In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more
On August 27, 2015, in a long-awaited and 3-2 decision, the National Labor Relations Board announced a new, lowered standard for determining whether a business is a joint employer of a work force hired by a separate employer...more