In an anticipated move, the National Labor Relations Board (the “NLRB”) formally reinstated its 2020 rule that controls when an employer is deemed a joint employer under the labor law. This rulemaking does not change the standard that the NLRB currently applies to determine joint employer status because of prior
Rachel Edelson
Rachel Edelson is a law clerk in the Labor Department and is a member of the Employment Litigation & Counseling Groups.
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You Shall Not Impasse: Eleventh Circuit Affirms the NLRB’s High Bar for When Further Bargaining is Futile
By Joshua Fox, Daniel H. Dorson & Rachel Edelson on
On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the “NLRB” or “the Board”) decision finding the now-defunct Southwest Florida Symphony Orchestra and Chorus Association prematurely declared an impasse in bargaining and unlawfully implemented its last, best, and final offer. A three-judge panel issued an…
Update: Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog
As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a practical adjustment to improve efficiency and is not meant to alter the…