Working conditions related to the safety and health of employees. The final rule rescinds the 2020 final rule that was promulgated by the prior board and applies the new definition of joint employer to any entity that can control the essential terms of employment whether or not such control is ...
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...
Charlie Morgan is quoted on the patchwork of joint employer rules and definitions that employers face on the state and federal levels following the announcement of the National Labor Relations Board’s newly proposed joint employer rule.
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
The National Labor Relations Board has opened a formal rule‐making to change an Obama‐era ruling on joint employer status that would allow leased and temporary employees, as well as independent contractors, to vote on unionization alongside the employer's own workforce....
it may (1) proceed with additional rulemaking on this issue (incorporating the rationale of the district court in its opinion vacating the rule), and/or (2) address the joint-employer doctrine through a case decision, which had been the Board’s prior approach before the 2020 rule was imple...
“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,...
Re: Proposed Rule, National Labor Relations Board; Standard for Determining Joint-Employer Status Under the National Labor Relations Act (87 Fed. Reg. 54,641-54,663, September 7, 2022) Dear Ms. Rothschild: The U.S. Chamber of Commerce (“the...
The NLRB rescinded its 2020 joint employer rule as part of its 2023 regulation that set a new standard, but that later measure was blocked by a federal judge and abandoned by the board. The Google-Cognizant case was decided prior to the issuance of the defunct 2023 rule. From Vote...
By settling these cases, both McDonald’s USA and the current NLRB avoid having to litigate and have a judge rule on whether franchisors like McDonald’s can be deemed a joint employer under the current Browning-Ferris test. Although the Board (and Congress) continue to seek to overturn Bro...