NLRA, Franchises, Rulemaking Process

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Benesch on 7/26/2024

Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

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

Whiteford on 3/1/2024

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

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on 10/30/2023

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

NLRB Issues Final Rule on Joint-Employer Status

Husch Blackwell LLP on 10/30/2023

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

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

Obermayer Rebmann Maxwell & Hippel LLP on 9/13/2022

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

Who’s The Boss? The NLRB Clarified Joint Employment (Again)

Burr & Forman on 3/18/2020

As our clients know, the National Labor Relations Board (“NLRB”) does not only regulate unionized workforces. The Board’s rulemaking and legal decisions affect all workplaces: both unionized and non-union....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 Provides Final Rule Clarifying Joint-Employer Status

Miller Canfield on 3/6/2020

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

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

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2020

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

NLRB issues new rule regarding joint employer status

Eversheds Sutherland (US) LLP on 2/27/2020

After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...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

The Practical NLRB Advisor: Spring 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/19/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more

Seeking Clarity in a Game of Thrones and Joint Employment

FordHarrison on 4/17/2019

With a constant shift in alliances due to necessity, strategy, or treachery, the characters that people Game of Thrones often work in joint-employer arrangements....more

WHD’s Joint Employer Reg Heads to White House

Seyfarth Shaw LLP on 3/4/2019

On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. ...more

NLRB Proposes Rule to Limit Joint-Employer Status

Parker Poe Adams & Bernstein LLP on 9/17/2018

As widely expected, on Friday, the National Labor Relations Board issued proposed regulations intended to reverse an Obama-era board decision that greatly expanded the definition of joint-employers subject to NLRB...more

National Labor Relations Board Proposed New Joint-Employer Rule

Seyfarth Shaw LLP on 9/17/2018

Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer...more

The National Labor Relations Act › Franchises › Rulemaking Process

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