Labor Relations Update

Category Archives: Joint Employer

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“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAA

By Paul Salvatore, Adam Lupion, Joshua Fox and Alexander J. Blutman on Posted in Collective Bargaining, General Counsel, Joint Employer, NLRA, NLRB, Protected activity, Section 7, Unfair Labor Practices
On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s basketball players against the University of Southern California (“USC”), the Pac-12 Conference, and the NCAA. The charges raise the … Continue Reading

NLRB Issues its Final Rule for its New Joint Employer Standard

By Steven Porzio and Jacob L. Hirsch on Posted in Joint Employer, NLRB
This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will be effective on April 27, 2020, can be found here. Background On September 13, 2018 the Board published its proposed … Continue Reading

NLRB Announces Proposed Rule Changing Joint-Employer Standard

By Zach Fasman on Posted in Joint Employer, NLRA
The National Labor Relations Board announced that it will publish a Notice of Proposed Rulemaking today, September 14, regarding its joint-employer standard. The proposed rule will state that an employer may be considered a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and … Continue Reading

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

By Mark Theodore, Joshua Fox and Dana N. Berber on Posted in Joint Employer, NLRA, NLRB, Rulemaking
As we previously reported here, here and here, the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux.  For historical reference, the NLRB expanded the scope of joint-employment in 2015 in Browning-Ferris, 362 NLRB No. 186 (2015), and then reverted to a more rigorous showing that had been … Continue Reading

ABOUT FACE! Under Pressure, NLRB Vacates Joint Employer Standard and Returns to Browning-Ferris

By Michael Lebowich, Joshua Fox and Jordan Simon on Posted in Joint Employer, NLRA, NLRB
In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran, vacated last year’s decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017) due to Member William Emanuel’s participation in the decision. Prior to … Continue Reading

A Return to Clarity: Traditional Joint Employer Test Reinstated

By Joshua Fox on Posted in Joint Employer, NLRA, NLRB
As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week.  In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB, in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017), reinstated the traditional standard that had been followed for more than 30 years. Under … Continue Reading

Here We Go: The Full Board Finally Starts to Make Its Mark

By Michael Lebowich and Joshua Fox on Posted in Employer policies, Handbook, Joint Employer, NLRA, NLRB, Section 7, Section 8(a)(1), Unfair Labor Practices
 NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions overruling significant precedent regarding joint-employer status and the legal standard governing whether workplace rules violate the exercise of Section 7 rights … Continue Reading
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