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...
“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,...
Leaving The Status Quo on Joint-Employer Status – For Now 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. Althoug...
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....
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 new joint-employer rule becomes effective Dec. 26. AHLA, whichpreviously submitted commentsto the NLRB protesting the rule change, said the new rule will limit opportunities for small businesses and entrepreneurs and threaten the franchising model. ...
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The NLRB rescinded its 2020 joint employer rule as part of its 2023 regulation that set a new standard, but that later measure was blocked by a federal judge and abandoned by the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...
Several recent decisions by the National Labor Relations Board (NLRB) have analyzed the balance between employer property rights and union organization rights under the National Labor Relations Act (NLRA). These decisions appear to shift the balance in favor of employers. It is anticipated that the...