On July 11, 2016, the National Labor Relations Board extended the reach of its ground-breaking 2015 Browning-Ferris decision, which announced an expansive view of “joint employment,” and ruled that “employer consent is not necessary” to require multiple employers to jointly bargain with “units that combine jointly employed and solely employed employees of a single user employer.”  Miller & Anderson, Inc.  (NLRB July 11, 2016).  In other words, if, for example, an employer has ten workers performing a similar job function, five of whom it employs directly and the other five of whom are provided through a “supplier” agency, the employer can be required to collectively bargain, together with the “supplier” employer, as to all ten employees.

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Photo of Michael J. Slocum Michael J. Slocum

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail,

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions.

Michael has written and spoken numerous times on a multitude of issues facing employers in diverse industries. In addition to many client alerts and online articles, Michael was a contributing author to “Avoiding Liability for Unconscious Bias and Subtle Discrimination” published in the New Jersey Law Journal in December 2008, as well as a chapter on the False Claims Act in the 2010 edition of “Health Law and Compliance Update.” Michael was a speaker at a September 2008 seminar “The New Jersey FCA: Perspectives and Insight,” as well as the firm’s May 2013 “Taking Care of Business: An Annual Update on Labor and Employment Law” seminar. More recently, Law 360 published Michael’s article “NYC Earned Sick Time Act May Hit Small Business Hardest” in May 2014, and his article “NJ Supreme Court Reaffirms ‘Faithless Servant’ Doctrine” in November 2015. Michael also authored “EEOC Proposes Collecting Pay Data to Combat ‘Pay Discrimination,’” published by the New Jersey Law Journal in March 2016, and well as “Revisiting the Great Joint Employment Debate,” published by the New Jersey Law Journal in April 2018.

Prior to joining the firm, Michael practiced in the litigation department of a national firm focused on labor and employment matters in the life sciences industry, where he served as Editor of that firm’s “False Claims Act Quarterly.” He has experience representing clients at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.

Photo of Jerrold Goldberg Jerrold Goldberg

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour…

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour laws. Jerry exclusively represents management clients primarily in the real estate and hospitality industries in transactional matters, including commercial and residential building and hotel sales and purchases, administrative compliance, such as 421-a prevailing wage issues, and lease, property management and concessionaire relationships, as well as all aspects of labor and employment litigation. This includes traditional labor litigation, such as union management arbitration, N.L.R.B. representation and unfair labor practice proceedings, and strike and picketing injunctive actions, wage and hour litigation involving misclassification, overtime and service charge/gratuity issues, and employment discrimination and restrictive covenant litigation in federal and state courts and administrative agencies.