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.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Labor Law Update Fall 2023
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:
Labor Board (Again) Returns to Broader Rule for Determining Joint-Employer Status
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.
NLRB’s Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know
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.
NLRB Casts Wider Joint-Employer Net With New Final Rule
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
NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA
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
NLRB Fiscal Year 2023 Data Shows Unfair Labor Practice Charges, Elections Continue to Increase
On October 13, 2023, the National Labor Relations Board (NLRB) released its case filing data for fiscal year (FY) 2023. For the Board, the fiscal year runs from October 1 through September 30.
The Practical NLRB Advisor: Fall 2023
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
Top Five Labor Law Developments for September 2023
The National Labor Relations Board anticipates issuing its new joint-employer rule by the end of October.
The NLRB’s Next Target: Handbooks and Policies
The National Labor Relations Board (the “NLRB”) recently issued a new decision, Stericycle, Inc., that broadly affects how most employers will think about their employment handbooks and policies. Employer should consider implementing a number of best practices to reduce their risk.
Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers
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
Manufacturing, Other Employers’ Compliance With Immigration Rules During Strikes
After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants at midnight on September 15, 2023. Manufacturing and other companies within the automotive supplier network bracing for a resulting downturn in orders may be looking to implement potentially long-term loss mitigation strategies such as furlough, pay cuts, altered schedules, and even layoffs. Employers of foreign workers must consider how these actions affect their compliance with federal immigration rules.
NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes
Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act.
NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice
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.
Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application
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