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Unions Deregulation

Carlton Fields

[Webinar] Gauging the Impact on Employers of the 2020 Presidential Election — A View From the Nation's Capital - September 30th,...

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The 2020 election is shaping up to be historic on a number of fronts, potentially resulting in a change of control in the White House, Congress, or both. Among the issues at stake for employers is whether, how, and/or to...more

Ballard Spahr LLP

NLRB Scales Back ‘Ambush Election’ Rule

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On December 18, 2019, the National Labor Relations Board’s (Board or NLRB) published a final rule—effective on April 16, 2020—which modifies the 2015 so-called “ambush election” rules. The final rule will lengthen the...more

Polsinelli

2020 Changes To NLRB Representation Election Rules—Heralding The End to ‘Ambush Elections’

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The National Labor Relations Board recently announced significant changes to its rules regarding Representation Elections.  The new rules undo many of the controversial 2014 modifications made by the Obama Board, as discussed...more

Epstein Becker & Green

The Board Restores Balance in Collective Bargaining by Reinstating Employers’ Ability to Unilaterally Cease Dues Checkoff After...

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Approximately four years ago, during the Obama Administration, the National Labor Relations Board upended decades of well-settled precedent by making it unlawful for employers to unilaterally cease dues checkoff pursuant to a...more

Polsinelli

Tis the Season: NLRB Reverses Multiple Obama Board Decisions

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Tis the season to be jolly, and the National Labor Relations Board (“NLRB” or “Board”) was in an especially giving mood for employers over this past week.  In the span of five days, it reversed several Obama era...more

Littler

President Trump Issues Executive Order Loosening Constraints on Federal Government Contractors’ Workforce Options

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Government contractors received a treat for Halloween, as President Trump issued an Executive Order on October 31, 2019 designed to ease the burden on successor contractors to federal service contracts and “to promote economy...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

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

Troutman Pepper

NLRB Proposes New Rule on Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

Stinson LLP

The NLRB Proposes New Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Franczek P.C.

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

Franczek P.C. on

On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

FordHarrison

NLRB Proposes Regulation to Resolve Joint Employer Issue

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On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

Seyfarth Shaw LLP

DOL Rescinds Its Persuader Rule

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On July 17, 2018, the DOL rescinded its 2016 “persuader rule” — a controversial reinterpretation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) that would have required employers and their consultants...more

Akerman LLP - HR Defense

Joint Employer Standard: Whiplash!

In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Hogan Lovells

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

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As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

Stinson LLP

NLRB Gives Browning-Ferris a Stay of Execution

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On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

Troutman Pepper

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

Troutman Pepper on

Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

FordHarrison

NLRB Joint Employer Whiplash

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The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

Dickinson Wright

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

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As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

Franczek P.C.

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard

Franczek P.C. on

Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more

Robinson+Cole Construction Law Zone

The Trump N.L.R.B. Gift Giving Season

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases expending employee and labor union protections. In a...more

Akerman LLP - HR Defense

Joint Employer Standard Relaxed – For Now

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

FordHarrison

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

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On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Akerman LLP - HR Defense

NLRB Gift: Staying Non-Union May Be A Little Easier

The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

Robinson+Cole Manufacturing Law Blog

The Trump N.L.R.B. Gift Giving Season

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections. In...more

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