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The National Labor Relations Act › Staffing Agencies › Employer Liability Issues

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 -
Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

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Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

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Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

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Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Bond Schoeneck & King PLLC

Texas Federal Court Strikes Down NLRB Joint Employer Rule

Bond Schoeneck & King PLLC on

On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the...more

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

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On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Miller Canfield

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

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On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

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On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

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In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Parker Poe Adams & Bernstein LLP

Federal Court Delays Effective Date of NLRB Joint Employer Rule

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Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

Whiteford

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

Whiteford on

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

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

Brownstein Hyatt Farber Schreck on

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Holland & Knight LLP

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

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The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more

FordHarrison

NLRB's Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know

FordHarrison on

Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating...more

Davis Wright Tremaine LLP

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

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If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

McNees Wallace & Nurick LLC

NLRB Issues Proposed Rule for Determining Joint-Employer Status

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Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more

Kelley Drye & Warren LLP

Déjà Vu – The NLRB Looks to Implement Prior Joint Employer Standard

Kelley Drye & Warren LLP on

On September 7, 2022, the NLRB issued a notice of proposed rulemaking seeking to replace the Trump-era final joint employer rule, which provided that an employer would be considered a joint employer under the NLRA only where...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

Proskauer - Labor Relations Update

NLRB Plans to Revise Joint Employer Standard Once Again

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On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more

PilieroMazza PLLC

Court Vacates Key Parts of DOL “Joint Employer” Rule Months After Implementing

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On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA).  The court determined...more

Perkins Coie

NLRB Will Restart Union Representation Elections April 6, 2020

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The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that, The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more

Burr & Forman

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

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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

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

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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

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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

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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

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