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The National Labor Relations Act › Control Test

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Laner Muchin, Ltd.

Federal Court Vacates DOL’s Joint Employer Rule Issued in 2023

Laner Muchin, Ltd. on

In Chamber of Commerce of United States v. NLRB, No. 23-cv-00553, 2024 U.S. Dist. LEXIS 43016 (E.D. Tex. Mar. 8, 2024), the United States District Court for the Eastern District of Texas vacated the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Lathrop GPM

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

Lathrop GPM on

On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more

Venable LLP

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Obermayer Rebmann Maxwell & Hippel LLP

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

Obermayer Rebmann Maxwell & Hippel LLP on

​​​​​​​For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

Parker Poe Adams & Bernstein LLP on

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Benesch

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on

​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

BakerHostetler

Not Your Godfather’s Smackdown: Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

BakerHostetler on

In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more

Miller Canfield

NLRB Provides Final Rule Clarifying Joint-Employer Status

Miller Canfield on

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning...more

Stokes Wagner

New Standards for Joint Employer Tests from the NLRB

Stokes Wagner on

The National Labor Relations Board‘s (“NLRB”) “joint employer” test has had tremendous implications for hospitality employers due to the industry’s reliance on third-party employees to supplement their workforces. The NLRB...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Franczek P.C.

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard

Franczek P.C. on

Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more

Dechert LLP

Do You Know Who Your Employees Are? Joint Employer Liability Under the FLSA and Other Employment Laws

Dechert LLP on

As private equity firms become more involved in the operations of their portfolio companies, they are increasingly at risk of being deemed joint employers of their portfolio companies’ employees, leaving private equity firms...more

Faegre Drinker Biddle & Reath LLP

Early Returns: Browning-Ferris and the Expanding Employment Relationship

Faegre Drinker Biddle & Reath LLP on

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB Changes Joint Employment Standard, with Far-Reaching Implications for Employers

Constangy, Brooks, Smith & Prophete, LLP on

Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more

Faegre Drinker Biddle & Reath LLP

NLRB Dramatically Expands Joint Employer Standard in Browning-Ferris Industries of California, Inc.

Faegre Drinker Biddle & Reath LLP on

On August 27, 2015, a divided (3-2) National Labor Relations Board (NLRB) changed the standard for joint employment under the National Labor Relations Act (NLRA) in its lengthy Browning-Ferris Industries of California, Inc....more

Bradley Arant Boult Cummings LLP

All Together Now: NLRB Expands the Joint-Employer Standard

Bradley Arant Boult Cummings LLP on

The National Labor Relations Board (NLRB) issued a decision yesterday in a long-litigated case that further defined how two entities could be considered joint employers under the National Labor Relations Act (NLRA). The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Dorsey & Whitney LLP

NLRB Sues McDonalds For Labor Practices of its Franchisees

Dorsey & Whitney LLP on

2014 – First NLRB Shots Against the Franchise Model. The National Labor Relations Board (NLRB) is considering revising its long-established joint employer test, a change which may threaten the current franchise model....more

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