News & Analysis as of November 15, 2024

Subcontractors

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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 -

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on 7/30/2024

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Beltway Buzz - May 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

Jackson Lewis P.C. on 4/4/2024

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Foley & Lardner LLP on 3/5/2024

On October 26, 2023, the National Labor Relations Board (the NLRB or the “Board”) issued its heavily-anticipated final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National...more

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on 12/28/2023

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on 11/8/2023

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on 11/6/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

NLRB Casts Wider Joint-Employer Net With New Final Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/30/2023

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

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on 1/5/2022

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

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

Epstein Becker & Green on 10/6/2021

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Weekly Update Newsletter - September 2018 #2

PilieroMazza PLLC on 9/25/2018

SMALL BUSINESS ADMINISTRATION - House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking...more

Another Joint Employment Development, And Still More Uncertainty

Foley & Lardner LLP on 12/5/2017

For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more

Top Five Labor Law Developments For October 2017

Jackson Lewis P.C. on 11/16/2017

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Mintz - Employment, Labor & Benefits... on 2/5/2016

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

Mintz - Employment, Labor & Benefits... on 11/4/2015

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

Energy Insights: An Update from the Third Quarter of 2015

Seyfarth Shaw LLP on 10/19/2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

Congress Considers Amending NLRA to Require Direct Control for Joint Employer Findings

Mintz - Employment, Labor & Benefits... on 10/6/2015

On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459. This bill, which is mirrored in the Senate,...more

Senate Panel Takes up Joint Employer Issue

Littler on 10/6/2015

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

House Hearing Addresses NLRB's New Joint Employer Standard

Littler on 9/30/2015

Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

PilieroMazza PLLC on 9/28/2015

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Under Construction - September 2015

Snell & Wilmer on 9/10/2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Labor Day Hot Topics

Womble Bond Dickinson on 9/8/2015

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

Benesch on 9/8/2015

Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more

NLRB Broadens Joint Employment Standard

K&L Gates LLP on 9/4/2015

Last week, the National Labor Relations Board reversed long-standing precedent and ruled that a company may be a joint employer of another company’s workers if it has the right to control those workers, even if that right is...more

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