“NRF is pleased that the NLRB has dropped its appeal of the District Court’s decision to nullify the Board’s joint employer final rule. The final rule created unnecessary ambiguity in this important area of federal labor law. Retail employers, and the millions of Americans they employ,...
DOL Releases Joint Employer Final Rule The U.S. Department of Labor’s Wage & Hour Division yesterday announced a final rule on joint employment under the Fair Labor Standards Act. Topics/ Employment Policy/ Unions/Sean P. Redmond Vice President, Labor Policy, U.S. Chamber of Commerce Publish...
In terms of where the joint-employer rule will go from here, the NLRB’s unopposed motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b) essentially makes the district court’s ruling final for purposes of the parties, and the 2023 final rule will not proceed at this...
Under scenario one – sometimes called “vertical joint employment” – the DOL final rule clarifies the four factors it will use to determine if a joint employment relationship exists when one employee works one set of hours for one employer, but the employee’s work simultaneously benefits anoth...
critical terms of employment respect their bargaining obligations under the NLRA,” said Chairman Lauren McFerran. “While the final rule establishes a uniform joint-employer standard, the Board will still conduct a fact-specific analysis on a case-by-case basis to determine whether two or more ...
Although the final rule provides employers, unions, and employees with much needed clarity as to whether certain business relationships will rise to the level of being a joint employer relationship, some questions still remain. How will the rule be interpreted and applied in future cases? Will the...
The final rule, which goes into effect on April 27, restores NLRB’s long-held joint-employer standard that was in place prior to the 2015 Browning-Ferris decision. United States Waste & Recycling News
On January 13, 2020, the U.S. Department of Labor (DOL) issued its final rule updating its regulations regarding joint-employer status under the Fair Labor Standards Act (FLSA). This new rule is scheduled to be effective on March 16, 2020. It updates and
AHLA previously filedformal commentsoutlining the industry’s concerns regarding the draft of the final rule. For decades, an employer was only a joint employer if it maintained “substantial direct and immediate control” over workers’ terms and conditions of employment. Employers and employees came...
On January 13, 2020, the U.S. Department of Labor issued its final rule to update and revise the department’s interpretation of joint employer status...