Alexa Kissinger is a student at Harvard Law School.
Today in a 3-2 decision, the National Labor Relations Board overruled its 2015 decision in Browning-Ferris Industries. Today’s decision means a return to the pre–Browning Ferris standard for joint-employer liability. Under this standard, two or more entities will be deemed joint employers under the NLRA if there is proof one entity has “exercised control over essential employment terms of another entity’s employees . . . and has done so directly and immediately . . . in a manner that is not limited and routine.” Read the full decision and the Board’s press release here.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."
August 10
NLRB Acting GC issues new guidance on ULPs, Trump EO on alternative assets in401(k)s, and a vetoed Wisconsin bill on rideshare driver status
August 8
DHS asks Supreme Court to lift racial-profiling ban; University of California's policy against hiring undocumented students found to violate state law; and UC Berkeley launches database about collective bargaining and workplace technology.
August 7
VA terminates most union contracts; attempts to invalidate Michigan’s laws granting home care workers union rights; a district judge dismisses grocery chain’s lawsuit against UFCW
August 5
In today’s news and commentary, a pension fund wins at the Eleventh Circuit, casino unionization in Las Vegas, and DOL’s work-from-home policy changes. A pension fund for unionized retail and grocery workers won an Eleventh Circuit appeal against Perfection Bakeries, which claimed it was overcharged nearly $2 million in federal withdrawal liability. The bakery argued the […]