News & Analysis as of November 15, 2024

Control Test

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Laner Muchin, Ltd. on 4/11/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2024

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

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

Lathrop GPM on 3/14/2024

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

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on 9/21/2022

On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

Parker Poe Adams & Bernstein LLP on 9/9/2022

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

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on 9/8/2022

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

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

BakerHostetler on 8/2/2022

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

NLRB Announces Final Joint Employer Rule

Hinshaw & Culbertson - Employment Law... on 3/10/2020

Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in...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

New Standards for Joint Employer Tests from the NLRB

Stokes Wagner on 3/3/2020

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

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 Finalizes Joint Employer Rule to Take Effect on April 27, 2020

Benesch on 2/26/2020

The National Labor Relations Board (“NLRB”) announced this morning that its final rule outlining the legal test for determining a joint employer will be published in the federal register tomorrow, February 26, 2020, and...more

NLRB Seeks to Roll Back Obama Era Changes to Joint Employer Test

Payne & Fears on 9/18/2018

On September 14, 2018, the National Labor Relations Board released a draft rule that would reverse the NLRB’s 2015 decision in Browning-Ferris, 362 NLRB No. 186 (2015). ...more

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

Franczek P.C. on 2/27/2018

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

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

Dechert LLP on 10/10/2016

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

A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

Clark Hill PLC on 5/2/2016

In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of...more

Decoding the NLRB’s New Joint Employer Standard

Foley & Lardner LLP on 12/23/2015

The National Labor Relations Board (NLRB) made major changes to the concept of joint employers in 2015, culminating in what many felt was a head spinning decision in August, known as Browning-Ferris, setting a new standard...more

Who Are My Employees?

Buchalter on 11/4/2015

The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also for the employees of...more

Early Returns: Browning-Ferris and the Expanding Employment Relationship

Faegre Drinker Biddle & Reath LLP on 11/3/2015

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

Not Just A Union Issue: NLRB Decision Changing the Test For Joint Employer Status Affects Non-Union Employers, Too

Baker Donelson on 11/2/2015

As the National Labor Relations Board (the "Board"), traditionally the arbiter of all issues involving labor and unions, continues to broaden its reach into the world of non-union employers, it has begun to dismantle...more

Hot Topics: Worker Classification Issues

Bradley Arant Boult Cummings LLP on 10/2/2015

Worker classification issues are popping up in the news a lot again. This is because the National Labor Relations Board (NLRB) is taking a more aggressive view on joint-employer standards under the National Labor Relations...more

Joint Employers Under Labor Law

Snell & Wilmer on 8/31/2015

On August 27, 2015, the National Labor Relations Board (Board) changed the standard that has existed for many years for determining whether two or more entities are “joint employers” of the same employees....more

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

Constangy, Brooks, Smith & Prophete, LLP on 8/31/2015

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

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

Faegre Drinker Biddle & Reath LLP on 8/31/2015

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

All Together Now: NLRB Expands the Joint-Employer Standard

Bradley Arant Boult Cummings LLP on 8/31/2015

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

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