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Top Labor Law Developments for August and September 2018

President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who viewed Pearce as having taken an anti-business approach on many issues before the Board.

Local Right to Work Rulings Split Federal Courts, Supreme Court Challenge Possible

The 7th Circuit Court of Appeals has ruled that an Illinois village lacked authority under the National Labor Relations Act (NLRA) to pass a right-to-work law. The decision in International Union of Operating Engineers Local 399 v. Village of Lincolnshire creates a split with the 6th Circuit Court of Appeals and sets up a possible Supreme Court challenge.

Will Your Workers Go On Strike This Week? What You Need To Know

Employee walkouts and protests are likely to occur on a large scale starting today and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm elections. Employees working at fast-food establishments, janitors, caregivers, and even some higher education adjunct professors are expected to be the primary participants, but it would not be surprising to see other workers seeking higher pay and possible union status join in as well. What do you need to know about the expected protests?

Labor Board Seeks Public Comments on Proposed Rule for Determining Joint-Employer Status

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority — rather than fact-specific decisional law — could provide employers the clarity and predictability needed to avoid unwanted joint-employer relationships.

National Labor Relations Board Turns Up The Heat On Negligent Unions

Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair representation (DFR) charges brought by individual employees, and it doesn’t appear as if unions will be happy with the change.

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another entity’s employees. The NPRM presents the potential for a welcome change for employers, many of which have struggled with the strict joint employment standard imposed over the last few years. Here are answers to some frequently asked questions about the NPRM and its practical impacts on employers below.

NLRB Proposes Regulation to Resolve Joint Employer Issue

Executive Summary: On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. The proposed rule, if adopted, would make it more difficult for businesses to be found to be joint employers under the National Labor Relations Act (NLRA).

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status. The Board issued a Notice of Proposed Rulemaking in the Federal Register proposing to establish a standard whereby “an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”

eLABORate: NLRB Seeks to Settle the Controversy Surrounding Joint Employer Status

On Friday, September 14, 2018, the National Labor Relations Board (NLRB) published a proposed regulation. The regulation aims to establish the standard for determining whether two employers are joint employers of a group of employees under the National Labor Relations Act. The NLRB’s proposed rule will affect many businesses that operate under a franchise model, including but not limited to the fast food industry.

NLRB's Proposed New Rule Would Limit Joint-Employer Status

Notice of the National Labor Relations Board’s (NLRB) highly anticipated proposed new rule on establishing joint-employer status under the National Labor Relations Act (NLRA) was published in the Federal Register on September 14, 2018 (and is available here).