News & Analysis as of September 13, 2024

Fair Labor Standards Act (FLSA)

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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 +

Court Vacates New NLRB Joint Employer Rule

BakerHostetler on 3/12/2024

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....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 Overturns Obama Board's Expansion of the Joint-Employer Doctrine

Holland & Knight LLP on 12/19/2017

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

CMCP - California Minority Counsel Program on 8/23/2017

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

Save Local Business Act Would Clarify “Joint Employer” Liability Under FLSA and NLRA - Legislation Introduced in House of...

Best Best & Krieger LLP on 8/3/2017

The “Save Local Business Act” — recently introduced in the U.S. House of Representatives — would provide much-needed clarification on the circumstances under which an entity can be liable as a joint employer under two federal...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

Akerman LLP - HR Defense on 6/29/2017

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

Smith Debnam Narron Drake Saintsing & Myers,... on 6/26/2017

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

Seyfarth Shaw LLP on 6/21/2017

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Joint Employment Challenges Continue in 2016

Maynard Nexsen on 2/11/2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

The Employment Law Authority - September/October 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

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