News & Analysis as of

Wage and Hour Temporary Employees National Labor Relations Board

Frantz Ward LLP

NLRB New Joint Employer Rule Put on Hold. . . Again

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In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

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When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Jackson Lewis P.C.

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

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The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your December To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Clark Hill PLC

[Event] 2023 Labor & Employment Conference - October 4th, Chicago, IL

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This program is designed to ensure that you and your business stay prepared and in compliance with new developments in federal and Illinois labor and employment laws. You'll gain invaluable insights on a range of topics...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Stoel Rives - World of Employment

Temporary Workers in California After Sullivan, Ward, and Oman

The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a...more

Akerman LLP - HR Defense

Reducing Risks Associated With Temporary Staffing Agencies

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Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more

Troutman Pepper

Legal Considerations When Hiring Temporary Workers

Troutman Pepper on

Companies must be alert to the legal issues surrounding this class of workers, particularly the liability that companies may face if a temporary worker brings a lawsuit. Originally published in The HR Specialist -...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Littler

Senate Panel Takes up Joint Employer Issue

Littler on

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

Fisher Phillips

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

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On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

Pierce Atwood LLP

Is Your Company a Joint Employer?

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Please see Chart below for more information. ...more

Adams and Reese LLP

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

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For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

Troutman Pepper

August 2015 Independent Contractor Compliance and Misclassification News Update

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August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

Sheppard Mullin Richter & Hampton LLP

NLRB Broadens its Test for Determining Joint-Employer Status

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

Akerman LLP - HR Defense

NLRB Changes Standard for Determining Joint Employer Status

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

Burr & Forman

NLRB Redefines and Broadens the Joint Employment Standard

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Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

Orrick - Employment Law and Litigation

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

Cozen O'Connor

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Cozen O'Connor on

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Baker Donelson

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

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The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

Miller & Martin PLLC

NLRB Issues New Rules on Joint Employment

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In a 3-2 decision involving Browning-Ferris Industries of California (BFI), the National Labor Relations Board (NLRB) refined its standard for determining joint-employer status....more

Davis Wright Tremaine LLP

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has...more

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