NLRB, Right to Control

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

Venable LLP on 7/17/2024

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

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

Fisher Phillips on 4/17/2024

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

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

Miller Canfield on 3/13/2024

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

NLRB Issues Rule Expanding Definition of Joint Employer

Ervin Cohen & Jessup LLP on 12/1/2023

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

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on 10/30/2023

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

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

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

Fisher Phillips on 10/26/2023

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

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

Miles & Stockbridge P.C. on 7/13/2023

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

NLRB Reinstates Obama-Era Independent Contractor Test

Benesch on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more

Labor Board Returns to Stricter Independent Contractor Standard: 4 Things Employers Need to Know

Fisher Phillips on 6/15/2023

A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more

NLRB Narrows Independent Contractor Definition

Bowditch & Dewey on 6/15/2023

In a decision titled The Atlanta Opera, Inc. and issued by the National Labor Relations Board (“NLRB”) on Tuesday, June 13, 2023 (the “Decision”), the NLRB made it more difficult for employers to classify workers as...more

Employment Law Now VI-120 - Joint Employer Ping Pong

Cozen O'Connor on 9/19/2022

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

NLRB Seeks to Broadly Expand Joint Employer Standard

Morgan Lewis on 9/12/2022

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

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

Fisher Phillips on 9/8/2022

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

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

Fisher Phillips on 8/11/2022

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

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

Benesch on 8/4/2022

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

Labor Board Will Roll Back Joint Employer Standard in 2022

Fisher Phillips on 12/20/2021

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

National Labor Relations Board Tightens Standard for Joint Employer Status

Faegre Drinker Biddle & Reath LLP on 2/28/2020

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

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

Employer Rights to Control the Workplace Reinstated by President Trump's NLRB

Steptoe & Johnson PLLC on 12/23/2019

On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 10/22/2019

What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more

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