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National Labor Relations Board Joint Employers Unfair Labor Practices

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

Divine Intervention? NLRB Rejects Challenge to Jurisdictional Test for Religious Educational Institutions

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In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

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The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...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

Husch Blackwell LLP

NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

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Employers in the United States received a significant win on March 8, 2024 when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing...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

Littler

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

Littler on

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

Perkins Coie

Labor Law Today—2023 Year in Review

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In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Frantz Ward LLP

NLRB New Joint Employer Rule Put on Hold. . . Again

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In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take...more

Ervin Cohen & Jessup LLP

NLRB Issues Rule Expanding Definition of Joint Employer

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

Kohrman Jackson & Krantz LLP

NLRB Finalizes Rule Broadening Joint Employer Test: What Employers Need to Know

The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test. The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate...more

Vedder Price

NLRB’s New Joint Employer Test Significantly Expands Circumstances Under Which Separate Entities Will Be Deemed Joint Employers

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On October 26, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its long-awaited final rule establishing a new standard for determining when two employers are joint employers under the National Labor...more

Perkins Coie

National Labor Relations Board Addresses Joint Employer Standard

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The National Labor Relations Board (NLRB) released a final rule on October 26, 2023, which addresses the standard under which two entities may be considered joint employers under the National Labor Relations Act (NLRA). The...more

Bass, Berry & Sims PLC

NLRB Issues New Rule Broadening Joint-Employer Status

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The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB issues "joint employer" regulations

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

Smith Gambrell Russell

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

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On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more

Foley Hoag LLP

NLRB Announces Broadened Standard for Determining Joint-Employer Status

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On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

Amundsen Davis LLC

NLRB Creates NEW Joint Employer “Test” Likely Resulting in De Facto Liability for Employers Regarding Another Employer’s...

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Today the National Labor Relations Board (NLRB) officially published its NEW Joint Employer Rule, that lowers the standard to an unprecedented level whereby an entity may be deemed jointly liable and responsible under the...more

Bodman

NLRB Announces New Employee-Friendly Joint Employer Test

Bodman on

The effect of this change is that employers who lease from or contract with other employers will be more likely to be held liable for the unfair labor practices of the leased or contracted with employer, even when they have...more

Stinson LLP

Pay-for-Play: The Status of College Athletes as Employees

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In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

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Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Constangy, Brooks, Smith & Prophete, LLP

Laboring on without a House – unions and their allies have plenty of “workarounds”

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

Husch Blackwell LLP

The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I

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Husch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and...more

Hinshaw & Culbertson - Employment Law...

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating...more

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

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On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

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