NOTE: This rule is currently in litigation and has not taken effect. We will continue to monitor and update this post. Employers should be aware of the continuing trends toward employee rights and be prepared for this kind of rule from states and the federal government. The National Labor Relations Board (NLRB) has rolled out... View Article
In December 2017, the National Labor Relations Board (NLRB) overruled its 2015 decision in Browning-Ferris Industries, 36 NLRB No.186 (2015). This 2015 decision changed the standard for joint-employer liability, making the definition much broader than previously. The new decision reverts back to NLRB’s previous interpretation of the joint-employer relationship. Going forward, two or more entities... View Article
On Tuesday, November 7, the U.S. House of Representatives passed the “Save Local Business Act”, the latest attempt to reverse the precedent set by the Browning-Ferris decision which led to a broad interpretation of “joint employment”. The Save Local Business Act, H.R. 3441, amends both the National Labor Relations Act and the Fair Labor Standards... View Article
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s prior Administrator Interpretations (“AIs”) clarifying the department’s position on the broad definition of joint employment and independent contractor misclassification. By withdrawing the AI’s, Acosta does not change the legal obligation of employers under the law. Instead, it rescinds the DOL’s prior guidance... View Article