As previously reportedhereandhere, the NLRB’s 2023 final rule on joint-employer status was challenged by the U.S. Chamber of Commerce. On February 26, 2024, the district court issued a stay, and later ruled against implementation of the final rule. On May 7, 2024, the NLRB filed a no...
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....
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 issued what it says is its final ruling on the standard for determining joint-employer status under the National Labor Relations Act, essentially broadening the definition of joint employer to any “entity that has an employment relationship with the employees....
“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,...
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...
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...
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...
Joint Employer Status In February 2020,the Board adopted a final ruleoverturning the Obama Board’sBrowning-Ferrisdecision and fundamentally altering the definition of joint employment. Under the new rule, an employer is only considered a joint employer if it shares or co-determines essential terms ...
Some of the factors that the Board found supported BFI’s status as a joint-employer included: Leadpoint’s employees had to pass a drug screen, and BFI could request a written certification of the completion of the drug screen; BFI retained the authority to reject or discontinue use of any...