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National Labor Relations Board › Joint Employers › Right to Control

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... more +
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 -
Fisher Phillips

PEO Pointers: 3 Steps to Stay in Control of the Joint Employment “Right to Control” Debate

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: the...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

Ervin Cohen & Jessup LLP

NLRB Issues Rule Expanding Definition of Joint Employer

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The National Labor Relations Board recently issued a final rule broadening who may be considered a joint employer of another employer’s employees under the National Labor Relations Act....more

BakerHostetler

NLRB Vastly Expands Joint Employer Definition

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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

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

NLRB Casts Wider Joint-Employer Net With New Final Rule

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more

Fisher Phillips

Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

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The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more

Cozen O'Connor

Employment Law Now VI-120 - Joint Employer Ping Pong

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This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers....more

Morgan Lewis

NLRB Seeks to Broadly Expand Joint Employer Standard

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In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more

Fisher Phillips

The Never-Ending Story? NLRB Proposes New Rule Shifting Back to Broad Definition of ‘Joint Employer’

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The National Labor Relations Board (NLRB) just proposed a controversial new rule that could soon make it easier for workers to be considered employees of more than one entity for labor relations purposes. The Biden...more

Fisher Phillips

Fourth Time’s the Charm? NLRB Now Set to Change Joint-Employer Standard After Federal Appeals Court Punts Case Back to the Board

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A federal appeals court in Washington, D.C. recently issued a decision in the latest installment of the Browning-Ferris joint-employer dispute that should serve as a reminder to employers across the country that change is...more

Benesch

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

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​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Fisher Phillips

Labor Board Will Roll Back Joint Employer Standard in 2022

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As an early holiday present to organized labor, the National Labor Relations Board recently announced it will issue proposed rulemaking on joint employers in February 2022, almost certainly reworking the legal standards to...more

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

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A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Eversheds Sutherland (US) LLP

NLRB issues new rule regarding joint employer status

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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

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

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In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Benesch

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

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The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

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The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

Foley & Lardner LLP

The “Joint-Employer” Saga Continues

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Litigation continues over the standard for determining how and under what circumstances a joint-employer relationship can exist. On December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit...more

Butler Snow LLP

D.C. Circuit “Refines” the NLRB’s Joint Employer Test

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In a 2-1 decision issued December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit upheld the National Labor Relations Board’s (NLRB’s) determination that both an employer’s reserved authority...more

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

Exacerbating Uncertainty: D.C. Circuit Issues Confusing Browning-Ferris Decision

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

On December 28, 2018, the D.C. Circuit issued its long-awaited decision regarding the National Labor Relations Board’s (NLRB) 2015 decision in Browning-Ferris Industries. Rather than bring clarity to the uncertainty and...more

Fisher Phillips

Federal Court Upholds Unworkable Joint Employer Test

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With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more

Polsinelli

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

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On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more

Littler

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

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The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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