Today, October 26, 2023, the National Labor Relations Board issued a final rule that rescinds and replaces the Trump Administration’s 2020 rule establishing the current test for determining whether two entities are joint employers. This new rule will result in more findings that two entities are joint employers. Under federal labor law, a joint employer is required to bargain with a union selected by its jointly-employed workers and may be held liable for the unfair labor practices committed by the other employer.Continue Reading NLRB Returns to a More Expansive Joint Employer Standard
The National Labor Relations Board (“NLRB” or the “Board”) announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.” This Rule will take effect on April 27, 2020.
Continue Reading NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
An active and activist Department of Labor has issued its third proposed rule in less than a month – this one on joint employer status under the Fair Labor Standards Act. This follows proposed revisions to the overtime rule and to the regular rate rule, which we previously discussed in E-lerts issued on March 8, 2019 and March 28, 2019.
Continue Reading The DOL Is On Fire – Proposed Joint Employer Rule Issued
The National Labor Relations Board issued two decisions of major interest to employers on December 14, 2017 – (1) adopting a new, more balanced test for evaluating whether workplace rules infringe upon employees’ rights under the National Labor Relations Act and (2) overturning the broad standard for determining joint employer status and returning to the prior, more practical standard.
Continue Reading NLRB Overturns Employee Handbook and Joint Employer Standards
Employers rejoice! The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status.
Continue Reading DOL Withdraws Guidance Documents on Joint Employment and Independent Contractor Status