By: Danielle Shapiro
Seyfarth Synopsis: Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both unlawfully broad and arbitrary and capricious.
Background
The 2023 Rule contains the following relevant provisions:
By: Joshua Ditelberg and Cary Burke
On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the Rule draws its essence from the Board’s previous joint-employer doctrine, in which the Board held
The NLRB has overruled Browning Ferris and returned to its previous standard for determining joint employer status. For more information, see our Management Alert here.
By: Paul Galligan and Jade M. Gilstrap
Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of both employers. The Board will apply “traditional community of interest” factors in
By: Richard L. Alfred, Marshall B. Babson, Joshua L. Ditelberg, Bradford L. Livingston, Stuart Newman, and Karla E. Sanchez
In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board issued a much awaited
By: Candice Zee
As employers have been watching the Board issue decision after decision holding common-place employment policies unlawful, consider expanding its jurisdiction to include religious schools, graduate students, student athletes, and try to recreate the “joint employer doctrine,” these employers repeatedly have found themselves wondering: “What are these guys smoking?” We may never
By: Ashley K. Laken, Esq.
On November 22, 2013, a group of home-care providers for Medicaid recipients in Illinois filed their brief in Harris v. Quinn (No. 11-681) in which they urged the U.S. Supreme Court to overturn its precedent allowing union fair share fees to be imposed on public employees.
The Supreme Court
The U.S. Supreme Court on Friday invited the Solicitor General to file an amicus brief expressing the government’s views on whether a state can compel personal care workers to pay fair share fees to a union for representing their interests before state agencies. The Seventh Circuit recently answered this question in