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The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As a result, certain employers will now be mandated to participate in collective bargaining and can be found liable for unfair […]
On October 26, 2023, the National Labor Relations Board (the “Board”) issued its most recent standard (the “2023 Rule”) for determining when two (or more) entities are considered “joint employers” under the National Labor Relations Act. The 2023 Rule supplants the Board’s previous joint employer rule issued in 2020 (the “2020 Rule”) and expands the […]
The National Labor Relations Board (NLRB) has made a series of pro-employee moves over the past few months that have significant adverse implications for employers. To recap, the NRLB’s recent actions have included: A Closer Look at the Recent NRLB Actions In February 2023, the NLRB ruled that the National Labor Relations Act (NLRA) prohibits […]
Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023, is essentially a rollback of the NLRB’s 2020 joint-employer rule issued during the Trump administration. On November 16, 2023, however, the […]
On October 26, the National Labor Relations Board (NLRB) published its long-awaited final joint employer rule after initially publishing the revised rule for public comment in September 2022. The rule takes effect on December 26, 2023, and governs how the Board will determine whether two or more employers are considered joint employers under the National […]
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges. The Board’s new rule, issued October 26, replaces a rule issued in 2020 by the Trump administration’s Board. That rule […]
Recently, star Tennessee Titans Running Back, Derrick Henry, admitted to forming a group chat linking all of the top NFL running backs together to discuss long-held sentiments of feeling devalued in their positions as running backs in the League. Henry formed the group chat after learning that 3 of his fellow running backs, Saquon Barkley, […]
The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members. Once again, the Board has shifted its position on an important topic: Just how far can an employer go when disciplining employees for misconduct—including hostile, […]
The National Labor Relations Board (NLRB) Office of the General Counsel publicly issued on February 27, 2023 an Advice Memorandum confirming the agency’s view that workplace discussions about racism are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA). The memo is significant in that it demonstrates that the current NLRB considers retaliation […]
The National Labor Relations Board (NLRB) has extended the comment period on its proposed rule that aims to make more employers susceptible to joint employment status. The original comment period was to go through November 7, but the NLRB announced on October 14 that it will accept comments through December 7. Comments replying to the […]