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
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April 17
Southern governors oppose UAW organizing in their states; Florida bans local heat protections for workers; Google employees occupy company offices to protest contracts with the Israeli government
April 16
EEOC publishes final regulation implementing the Pregnant Workers Fairness Act, Volkswagen workers in Tennessee gear up for a union election, and the First Circuit revives the Whole Foods case over BLM masks.
April 15
The Supreme Court ruled in favor of bakery delivery drivers in an exemption from mandatory arbitration case; A Teamsters Local ends its 18-month strike by accepting settlement payments and agreeing to dissolve
April 14
SAG-AFTRA wins AI protections; DeSantis signs Florida bill preempting local employment regulation; NLRB judge says Whole Foods subpoenas violate federal labor law.
April 12
The EEOC weighs in on an anti-discrimination lawsuit against Workday; a rule expanding overtime protection moves closer to publication; Amazon decreases spending on anti-union consultants.
April 11
Maine Legislature votes to grant farm workers minimum wage and labor rights; Apple store workers in New Jersey petition to unionize; and Wisconsin Governor vetoes legislation to rollback child labor laws.