Tag Archives: National Labor Relations Board

NLRB Returns to Browning-Ferris Test for Joint Employment

On Feb. 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order reinstating the Browning-Ferris standard for evaluating joint employer status, once again leaving franchisors open to an increased risk of being found to be a joint employer of franchisee’s employees and potentially liable for labor law violations. The Board’s 3-0 Order … Continue Reading

NLRB Overturns 4 Decisions that Adversely Impacted Employers

Just this month, the National Labor Relations Board (NLRB or the Board) successively overturned four decisions that adversely impacted employers and were made while President Obama was in office. The earlier decisions expanded the definition of “joint employer”; scrutinized neutrally-worded work rules; required employers to notify and provide an opportunity to bargain to unions prior … Continue Reading

NLRB Expands Joint Employer Standard in Browning-Ferris Decision

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 working conditions … Continue Reading

Court Upholds NLRB’s ‘Quickie’ Election Rules

As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in … Continue Reading

NLRB Adopts New Election Rules

Written by Howard L. Mocerf This week the National Labor Relations Board adopted new union election rules by a 3-2 vote. Characterized by dissenting Board members as “The Mount Everest of Regulations,” the new rules will result in quicker elections and trap unwary employers. The author of this GT Alert outlines the new rules, which … Continue Reading