News & Analysis as of November 17, 2024

Employee Benefits

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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 -

Court Vacates NLRB’s October 2023 Joint Employer Rule

ArentFox Schiff on 3/27/2024

Under what circumstances will two or more entities be considered an employee’s joint employers? Recently, the US District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (NLRB) latest...more

Minimizing National Labor Relations Act Liability for Employers with Non-Unionized Workforces

Foley & Lardner LLP on 2/20/2024

Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that guarantees employees the...more

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

Smith Gambrell Russell on 10/30/2023

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

NLRB Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on 12/29/2022

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

NLRB’s Proposed New Rule Would Expand Joint Employer Status to Entities With Indirect Control Over Worker Conditions

ArentFox Schiff on 9/13/2022

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more

The Employment Law Authority - January/February 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Manufacturing Law Predictions for 2017: Labor and Employment

Robinson+Cole Manufacturing Law Blog on 1/23/2017

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017....more

The Potential Impact Of a Trump Presidency on Employers

Carlton Fields on 11/11/2016

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on 11/10/2016

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

A Quick Update on Speedy Election Rules (Hint: The Predictions Have Come True — Somewhat)

Foley & Lardner LLP on 10/7/2015

The National Labor Relation Board’s new election procedures became effective April 14, 2015. You may recall that the new rules were largely designed to shorten significantly the time between a union’s filing of a petition for...more

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