News & Analysis as of

Staffing Agencies Joint Employers Union Elections

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Perkins Coie

NLRB Will Restart Union Representation Elections April 6, 2020

Perkins Coie on

The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that, The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more

Foley & Lardner LLP

Joint Employer Rule: Is Guidance on the Way?

Foley & Lardner LLP on

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Parker Poe Adams & Bernstein LLP

NLRB Finds Temp Agency Joint Employer with User of Labor Services

In recent years, the National Labor Relations Board (NLRB) has begun finding separate companies jointly liable for compliance with federal labor laws under a joint or co-employment theory. Most notably, the Board has...more

Parker Poe Adams & Bernstein LLP

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

Williams Mullen

Board Decision Ushers In New Era of The Unionized Temp

Williams Mullen on

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

Dorsey & Whitney LLP

NLRB: Unions may organize permanent and temporary workers without employers' consent

Dorsey & Whitney LLP on

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

Jackson Lewis P.C.

Overruling Precedent, NLRB Holds Bargaining Units of Jointly and Solely Employed Employees May Elect Union Representative Absent...

Jackson Lewis P.C. on

In a departure from more than a decade-long precedent, the National Labor Relations Board has held that Board-conducted representation elections in bargaining units combining employees who are (a) jointly employed by a user...more

Cozen O'Connor

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

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