News & Analysis as of

Title VII › Browning-Ferris Industries of California Inc.

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Foley & Lardner LLP

EEOC Joins in the Holiday Festivities by Adding Proposed Joint-Employer Rulemaking to its ‘To Do’ List

Foley & Lardner LLP on

In mid-November, the Trump administration published its fall agenda. Of interest to employers, that agenda included a notice from the Equal Employment Opportunity Commission (EEOC) that it intends to clarify its...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Mintz - Employment Viewpoints

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

Mintz - Employment Viewpoints on

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Mintz - Employment Viewpoints

EEOC Urges Federal Appellate Court to Uphold NLRB’s Expansive Definition of “Joint Employer”

Mintz - Employment Viewpoints on

The U.S. Equal Employment Opportunity Commission (EEOC) recently entered the Browning-Ferris saga, filing an amicus brief in support of the new joint employer test articulated by the National Labor Relations Board (NLRB) in...more

Obermayer Rebmann Maxwell & Hippel LLP

EEOC Supports NLRB’s Joint-Employer Standard before DC Circ.

Obermayer Rebmann Maxwell & Hippel LLP on

On September 14, 2016 the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief in the D.C. Circuit expressing support for the National Labor Relations Board’s (“NLRB”) loosened standard of a joint employer....more

Fisher Phillips

The NLRB, Franchisees, And Temporary Employees

Fisher Phillips on

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

Maynard Nexsen

Joint Employment Challenges Continue in 2016

Maynard Nexsen on

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Faegre Drinker Biddle & Reath LLP

Early Returns: Browning-Ferris and the Expanding Employment Relationship

Faegre Drinker Biddle & Reath LLP on

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Sands Anderson PC

The Joint Employer Doctrine Strikes Again

Sands Anderson PC on

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

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