News & Analysis as of

Staffing Agencies Joint Employers Employer Liability Issues

Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Littler

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

Littler on

On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on

Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

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

Bond Schoeneck & King PLLC

Texas Federal Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the...more

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

Ballard Spahr LLP on

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Miller Canfield

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

Miller Canfield on

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

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

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

CDF Labor Law LLP on

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

Parker Poe Adams & Bernstein LLP

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Holland & Knight LLP

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

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The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more

FordHarrison

NLRB's Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know

FordHarrison on

Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating...more

Miller Canfield

Howdy Stranger, You're My Employee? NLRB Issues Final Rule on Joint-Employer Status

Miller Canfield on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more

Epstein Becker & Green

New Jersey Department of Labor Proposed Regulations Clarify Requirement That Temporary Workers Be Paid the Same as Clients’...

Epstein Becker & Green on

Earlier this year, on February 6, 2023, the New Jersey Governor signed the Temporary Workers’ Bill of Rights into law. On August 21, 2023, the New Jersey Department of Labor and Workforce Development (NJDOL) Division of...more

FordHarrison

New Jersey's Temporary Workers' Bill of Rights is First in the Nation to Require Equal Pay for Temporary Workers

FordHarrison on

On February 6, 2023, New Jersey Governor Phil Murphy signed into law the “Temporary Workers’ Bill of Rights.” This new law, the most expansive of its kind in the nation, provides “temporary workers” with new rights and...more

Nelson Mullins Riley & Scarborough LLP

Recent New Jersey Law Places Temporary Employers Under Regulatory Scrutiny

On February 6, 2023, New Jersey’s Governor Phil Murphy signed the Temporary Laborers’ Bill of Rights into law, which will impact over 127,000 temporary workers in the state as well as their employers.  Most provisions of this...more

Polsinelli

Misclassification Concerns in Staffing Relationships

Polsinelli on

Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

BakerHostetler

Ten Things That Should Be in Your Staffing Agency Agreements But Probably Aren’t

BakerHostetler on

Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You...more

Seyfarth Shaw LLP

Months-Long Saga Ends as NJ Governor Murphy Signs First-of-its-Kind Temporary Worker Bill Into Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: NJ Governor Phil Murphy signed a bill coined the “Temp Worker Bill of Rights” into law. The Law gives temporary workers the right to certain information in their native language, including where they will...more

Littler

We The Temp Workers: New Jersey Enacts “Temporary Workers’ Bill of Rights”

Littler on

On February 6, 2023, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A1474 / S511, commonly known as the “Temporary Workers’ Bill of Rights” (the “Bill of Rights”), which establishes numerous labor and...more

Miller Canfield

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on

​​​​​​​On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

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