News & Analysis as of

Federal Labor Laws Rulemaking Process The National Labor Relations Act

Quarles & Brady LLP

What a Republican Administration Could Mean for the NLRA

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With the change to a Republican administration, similar to the past, it is likely that we will see a change in enforcement of the National Labor Relations Act (“NLRA”)....more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

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In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Proskauer - Labor Relations Update

While Democrats Whittle Down Pro-Labor Provisions Of Social Spending Bill, Civil Penalties Remain

As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

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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

Stinson LLP

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

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On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

Akerman LLP - HR Defense

NLRB Issues Joint Employer Final Rule

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Hogan Lovells

NLRB Issues New Rule Narrowing Joint-Employer Standard

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The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

Bricker Graydon LLP

NLRB issues new final rule on joint employer status

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On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

Ballard Spahr LLP

NLRB Issues Final Rule on Joint Employer

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The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

Epstein Becker & Green

New NLRB Rule Defining Joint-Employer Status to Take Effect

Epstein Becker & Green on

The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more

Perkins Coie

Labor Law Today—2019 Year in Review

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During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent. In addition...more

Stinson LLP

NLRB Modifies the "Quickie" Election Rules

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At the end of 2019, the National Labor Relations Board (NLRB) issued its long-anticipated final rule somewhat restructuring its controversial 2014 election rules overhaul (rules sometimes referred to as the "quickie" or...more

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

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The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Burr & Forman

NLRB Modifies Obama Board Election Rules

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The National Labor Relations Board (“NLRB”) recently announced changes to its representation case procedures that mark a shift away from the “ambush elections” created by the 2014 Obama-era rules. Though the 2014 rules are...more

Ballard Spahr LLP

NLRB Trend of Employer-Friendly Decisions Continues: Investigative Confidentiality Rules and Use of Employer Emails

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On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more

Seyfarth Shaw LLP

NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

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Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...more

Bricker Graydon LLP

NLRB upholds employers’ right to require employee confidentiality regarding ongoing workplace investigations

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On December 17, 2019, the National Labor Relations Board (NLRB) issued an important decision holding that employers do not violate the National Labor Relations Act (NLRA) when they prohibit employees from discussing...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

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The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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

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