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Wage and Hour Rulemaking Process Joint Employers

Whiteford

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

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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

Jackson Lewis P.C.

DOL Aims for April 2024 Release of White-Collar Exemption Final Rule

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The U.S. Department of Labor (DOL) unveiled its semi-annual regulatory agenda on December 6, 2023, which sets an April 2024 date for release of the agency’s anticipated final rule amending the regulations defining the “white...more

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Fisher Phillips

Federal Appeals Court Puts Final Nail in Coffin for Business-Friendly Joint Employer Rule

Fisher Phillips on

Laying any doubt to rest that employers would miss out on the chance to enjoy a business-friendly interpretation of the standard to determine joint employment status, a federal appeals court on Friday put the final nail in...more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

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On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

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On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

Proskauer - Law and the Workplace

DOL Rescinds Trump-Era Joint Employer Rule

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”).  The DOL’s action removes the regulations established...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

Jones Day on

The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

Troutman Pepper on

Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

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On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Epstein Becker & Green

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

Epstein Becker & Green on

On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more

Best Best & Krieger LLP

DOL’s Joint Employer Rule Struck Down by Federal Court

California Among 18 States that Successfully Challenged “Vertical Employment” Liability Rule - Portions of the U.S. Department of Labor’s new rule regarding vertical joint employer liability were tossed out by a federal...more

Littler

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

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The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

Burr & Forman

Who’s The Boss? The NLRB Clarified Joint Employment (Again)

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As our clients know, the National Labor Relations Board (“NLRB”) does not only regulate unionized workforces. The Board’s rulemaking and legal decisions affect all workplaces: both unionized and non-union....more

Parker Poe Adams & Bernstein LLP

State Attorneys General Challenge Joint Employer Rule

Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

Seyfarth Shaw LLP on

On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

Stinson LLP

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

Stinson LLP on

On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

Akerman LLP - HR Defense

NLRB Issues Joint Employer Final Rule

Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act

With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

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