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
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Vendors
On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more
Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more
2/28/2020
/ Browning-Ferris Industries of California Inc. ,
Control Test ,
Corporate Counsel ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Public Comment ,
Rulemaking Process ,
Staffing Agencies
Continuing its string of decisions reversing positions taken by the Obama Board, the National Labor Relations Board decided Apogee Retail LLC, No. 27-CA-191574 on December 16, 2019. Apogee Retail applied the approach...more
On December 28, 2018, the D.C. Circuit issued its long-awaited decision regarding the National Labor Relations Board’s (NLRB) 2015 decision in Browning-Ferris Industries. Rather than bring clarity to the uncertainty and...more
In 2019, employers can expect positive developments as the National Labor Relations Board (NLRB) addresses a number of significant issues under the National Labor Relations Act (NLRA). Most significantly, we will see the...more
On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another...more
On August 1, 2018, the National Labor Relations Board (NLRB) invited briefs on “whether the Board should adhere to, modify, or overrule its 2014 decision in Purple Communications, Inc.” The following questions and answers...more
Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more
Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB...more