In a decision providing significant relief for employers, a federal court in Texas struck down the National Labor Relations Board’s (NLRB) 2023 joint employer rule.[i] Being designated a joint employer by the NLRB can have far-reaching consequences for a business, including potential obligations to negotiate with unions representing workers not directly employed by the business … Continue Reading
On October 26, the National Labor Relations Board (NLRB or Board) once again changed its standard for when an organization constitutes a “joint employer” of another organization’s employees for purposes of the National Labor Relations Act (NLRA). This standard creates new risks and potential liability for employers in franchise relationships, as well as those who … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 26, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 29. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
Return to Prior “Substantial Direct and Immediate Control” Test Goes Into Effect April 2020 Back in September 2018, the National Labor Relations Board (NLRB or Board) published a Notice of Proposed Rulemaking that would define, by administrative rule, the standard for determining when two unrelated employers are deemed “joint employers” of a group of employees … Continue Reading
Who will be cheering and who will be jeering in this new decade may depend on the outcome of several key cases, pending regulations, and potential state and local law reforms. Below, we provide you with a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond.… Continue Reading
Rule establishes standard under which two employers will be deemed jointly and severally liable under the Fair Labor Standards Act as of March 16, 2020 In January 2016, we posted about an Administrator’s Interpretation issued by the US Department of Labor’s (DOL) then-Wage and Hour Division Administrator that provided guidance for when two or more … Continue Reading
In recent years, there has been increasing attention to the standard applied by regulators when determining when two unrelated business entities share sufficient control over a group of employees such that they may be considered “joint employers.” On November 20, 2019, the federal government released its Unified Agenda of Federal Regulatory and Deregulatory Actions – … Continue Reading
