Tag: joint employer

10th Circuit Rejects Harassment Charges, Revives Premises Liability Claim

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the summary dismissal of a sexual harassment discrimination lawsuit against a pipeline construction company and a pipeline operator’s successor-in-interest but sent the related premises liability claim back to the lower court.

joint employer

NLRB’s New ‘Durable’ Rule Restores Old Definition of Joint Employment

The National Labor Relations Board’s (NLRB) long-awaited final rule on joint employment sets an employer-friendly tone as it returns to an old standard on what constitutes joint employment under the National Labor Relations Act (NLRA). The Board issued its final rule on February 26, and it is to be effective April 27. The Board also […]

joint employer

DOL Releases Final Rule to Clarify Joint Employment

On January 12, 2020, the federal Department of Labor (DOL) announced the release of a final rule clarifying issues surrounding joint employment, which is of particular interest to employers that use staffing agencies, have franchise relationships, and use subcontractors. The effective date of the new rule is March 16, 2020.

Pearce Nomination Comes Amid ‘Mini-Battle’ at NLRB

President Donald Trump’s nomination of Democrat Mark Gaston Pearce for another five-year term on the National Labor Relations Board (NLRB) puts the agency a step closer to full strength and comes as the Republican-majority Board continues trying to change course from the previous administration.

NLRB

Ring Confirmation Provides Republican Majority on NLRB

Now that the U.S. Senate has confirmed attorney John Ring for a seat on the National Labor Relations Board (NLRB), employers can expect the NLRB to continue trying to roll back some controversial rulings from the Obama-era Board—and ward off possible conflict-of-interest problems.

hiring

Looking for solutions to the talent gap? Don’t forget legal concerns

Employers in an array of fields lament a shortage of talent. Sometimes employers are able to attract a flood of eager applicants, but few possess the skills and qualities needed. Other times, employers need people for special, short-term projects, and they don’t want to take on full-time, permanent employees to get the job done. No […]

Federal government slowly redefining joint-employer doctrine

In recent years, business relationships have increased in complexity. So, among all the independent contractors, franchises, joint ventures, and internships, just who is an employee? And which company—or companies—is the employer? Federal and state regulators are taking a new look at those questions and responding with new interpretations and new regulations. The federal government, in […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]