News & Analysis as of October 13, 2024

Final Rules

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

Seyfarth Shaw LLP on 7/24/2024

Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more

Washington State Tightens Noncompete Restrictions

Perkins Coie on 5/2/2024

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...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

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

Butler Snow LLP on 10/31/2023

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...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

New York City Adopts Final Regulations on Use of AI in Hiring and Promotion, Extends Enforcement Date to July 5, 2023

Littler on 4/14/2023

After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more

DOL Rescinds Trump-Era Joint Employer Rule

Proskauer - Law and the Workplace on 8/2/2021

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”). The DOL’s action removes the regulations established...more

New York Federal Court Strikes Down Primary Element Of DOL’s New ‘Joint Employer’ Rule

Jackson Lewis P.C. on 9/14/2020

A federal district court in New York has struck down a significant portion of the recently promulgated Final Rule issued by the U.S. Department of Labor (DOL) regarding the standard for establishing joint-employer liability...more

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

Fisher Phillips on 8/14/2020

A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...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

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

Stinson LLP on 3/6/2020

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

New NLRB Rule Clarifies Joint Employer Doctrine

Best Best & Krieger LLP on 3/5/2020

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

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

McNees Wallace & Nurick LLC on 3/5/2020

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

NLRB Issues Joint Employer Final Rule

Akerman LLP - HR Defense on 3/4/2020

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

Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act

Epstein Becker & Green on 3/3/2020

With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

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

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

Littler on 2/27/2020

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

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on 2/26/2020

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

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on 2/26/2020

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

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on 2/26/2020

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

New NLRB Rule Defining Joint-Employer Status to Take Effect

Epstein Becker & Green on 2/26/2020

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

Final Rule Issued by US Department of Labor Clarifying Joint Employment under the Fair Labor Standards Act

McNees Wallace & Nurick LLC on 2/6/2020

As a follow up to its Notice of Proposed Rulemaking issued in April 2019, the US Department of Labor (DOL) announced on January 12, 2020, the issuance of a Final Rule to revise and clarify the standard for joint employment...more

DOL Issues Final Rule Addressing Joint Employer Status Under the Fair Labor Standards Act

Epstein Becker & Green on 1/22/2020

On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards...more

“Are you my employer?” Department of Labor clarifies joint employer status with new final rule

Bricker Graydon LLP on 1/17/2020

On January 16, 2020, the Department of Labor (DOL) published a final rule that brings much-needed clarity to employers on how to determine “joint employer” status under the Fair Labor Standards Act (FLSA) when an employee...more

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

Fisher Phillips on 1/14/2020

The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

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