Articles Discussing General Labor Law Topics And The NLRA.

The National Labor Relations Board (“NLRB”) continued its busy year by recently finalizing a new joint employer rule under the National Labor Relations Act (“NLRA”). This rule is used to determine when multiple employers may share liability for unfair labor practices, or be jointly obligated to engage in the collective bargaining process. 

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity possesses the authority to control at least one of the seven enumerated essential terms and conditions of employment, regardless of whether that control is actually exercised.

The National Labor Relations Board issued its new joint-employer rule. The Final Rule comes after the Board has repeatedly changed its position on when two independent companies are joint employers under the National Labor Relations Act for nearly a decade. 

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Fall 2023 issue includes: 

The National Labor Relations Board once again issued a new Final Rule for determining joint-employer status under the National Labor Relations Act. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable for the other’s unfair labor practices.

Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating collective bargaining under the National Labor Relations Act and potentially holding franchisors and staffing agencies liable for unfair labor practices committed by the primary employer.

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees under the National Labor Relations Act (NLRA). The new rule eliminates the clear

Indirect or the reserved right of control (even if never exercised) standing alone establishes joint-employer status. Final rule adopts broad definition of “essential terms and conditions of employment.” Joint employer must bargain collectively with respect to any term or condition of employment over which

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we reflect on the activity at the National Labor Relations Board (NLRB) at the end of a very active summer. With

The National Labor Relations Board anticipates issuing its new joint-employer rule by the end of October. 

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both unionization and concerted employee actions affecting working conditions. Employers must review and assimilate these decisions before implementing new

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an expired management rights clause.

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of authorized employment. The case, Persian Broadcast Service Global, Inc. v. Walsh, stems from