Some employers that rely on staffing arrangements, franchise relationships, or independent contractors may see meaningful shifts in federal labor policy because of a pair of federal agency rulemaking announcements released in February 2026.
Continue Reading Labor Policy Pendulum Swings Again: New Federal Rules Reshape Joint-Employer and Independent Contractor Standards
On Oct. 26, 2023, the National Labor Relations Board (NLRB) announced its Final Rule on the joint-employer standard under the National Labor Relations Act (NLRA), which will take effect Dec. 26, 2023, and apply to cases filed after the effective date.
On Sept. 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Board proposes rescinding and replacing the narrower joint-employer rule that took effect under the Trump administration Board April 27, 2020, with the broader Obama-era standard of
On the heels of our reporting that new DOL joint employment regulations are set to take effect March 16, the NLRB jumped into the fray and issued a final rule effective April 27, 2020, restoring a joint employment standard that had been followed for several decades prior to the Browning-Ferris decision issued by the
See our Feb. 28 update regarding the new joint employer rule.
On March 16, 2020, new rules on joint employment status under the Fair Labor Standards Act (FLSA) will go into effect. The new rules should provide clarity and relief for employers struggling to determine whether they would be treated as joint employers by the
In a pair of published opinions, raising novel employment issues in this Circuit, the Third Circuit Court of Appeals addressed the test for determining whether a “temporary” worker is an “employee” eligible to assert Title VII claims against the company which contracts their services, and the test for determining whether time spent on meal breaks
Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under the National Labor Relations Act. Under the new standard announced in Browning-Ferris Industries, a company is a joint-employer if it exercises “indirect control” over