NLRB, Final Rules, Federal Labor Laws

NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces

CDF Labor Law LLP on 7/29/2024

Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace – Including Labor Unions

Proskauer - Labor Relations Update on 4/3/2024

On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an...more

NLRB New Joint-Employer Standard Scheduled to Take Effect on 2/26/2024

Lathrop GPM on 12/21/2023

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its Final Rule addressing the Standard for Determining Joint Employer Status under the National Labor Relations Act (“NLRA”). The Final Rule rescinds the...more

Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

Littler on 12/14/2023

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations...more

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

Ballard Spahr LLP on 11/20/2023

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...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

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 Expands Joint Employer Rule

Ballard Spahr LLP on 11/2/2023

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

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

Epstein Becker & Green on 11/1/2023

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 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

Employers May Be Required to Bargain Under New NLRB Joint Employment Rule

Schwabe, Williamson & Wyatt PC on 10/31/2023

October 30, 2023 The rule takes effect December 26, 2023‎ Of Counsel On October 25, the National Labor Relations Board (NLRB) issued its Final Rule that dramatically expanded the definition of joint employment under the...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 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 Casts Wider Joint-Employer Net With New Final Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/30/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...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

NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

Littler on 10/26/2023

On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more

“Ambush” or “Quickie” Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation

Seyfarth Shaw LLP on 8/28/2023

Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an...more

NLRB Issues Final Rule on NLRB Election Procedures; Returns to “Quickie Election” Procedures

Epstein Becker & Green on 8/28/2023

The National Labor Relations Board (“Board”) published its final rule (“2023 Rule”) on Friday, August 25, amending the representation election procedures that it previously proposed in 2019 and finalized, after some...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

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