The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
In an eleventh-hour decision, a federal court judge in Texas just struck down the Labor Board’s controversial joint employer rule right before it was set to take effect on Monday. The NLRB had aimed to make it far easier for...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
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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) just proposed a controversial new rule that could soon make it easier for workers to be considered employees of more than one entity for labor relations purposes. The Biden...more
9/8/2022
/ Comment Period ,
Employer Liability Issues ,
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Joint Employers ,
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Notice of Proposed Rulemaking (NOPR) ,
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A federal appeals court in Washington, D.C. recently issued a decision in the latest installment of the Browning-Ferris joint-employer dispute that should serve as a reminder to employers across the country that change is...more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
2/9/2021
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The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more
2/26/2020
/ Burden of Proof ,
Corporate Counsel ,
Employee Benefits ,
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Employment Contract ,
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Joint Employers ,
New Rules ,
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NLRB ,
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Terms and Conditions ,
Wage and Hour
Joint employment took center stage yesterday during the release of the Fall Regulatory Agenda, as three separate federal agencies announced plans to move forward with revised joint employment rules in December. While the...more
The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more
4/2/2019
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
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Hiring & Firing ,
Joint Employers ,
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With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
10/11/2018
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Epic Systems Corp v Lewis ,
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In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
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NLRB ,
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With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more
The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more
12/5/2017
/ Back Pay ,
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Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more
9/6/2017
/ Banner Health System ,
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Browning-Ferris Industries of California Inc. ,
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D.R. Horton v NLRB ,
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NLRA ,
NLRB ,
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Temporary Employees ,
Trump Administration ,
Unions
In today’s 3-1 decision, the National Labor Relations Board (NLRB) resurrected a union-friendly standard making it easier for unions to combine jointly employed temporary workers with an employer’s existing workforce to form...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
11/6/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Fast-Food Industry ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Restaurant Industry ,
Right to Control ,
SEIU ,
Strike ,
Unions
In a 3-2 decision, the National Labor Relations Board (NLRB) announced yesterday a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Browning-Ferris...more