Topics: National Labor Relations Board (NLRB)

Labor Department Issues Independent Contractor Proposed Rule

The Department of Labor on Oct. 11 issued a proposed rule that would expand the definition of who is an independent contractor under the Fair Labor Standards Act (FLSA). More

NLRB Proposes to Expand Definition of Joint Employment

The National Labor Relations Board (NLRB) on Sept. 6, 2022, issued a proposal to revise its joint employer standard, which took effect in 2020 under the Trump Administration. More

National Labor Relations Board to Issue Joint Employer Final Rule

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Labor Department Issues Final Rule on Joint Employer Status

Labor Department Issues Final Rule on Joint Employer Status

The Department of Labor on Jan. 12 promulgated its final rule on Joint Employer Status under the Fair Labor Standards Act. The 164-page final rule consolidates a four-factor balancing test introduced in the April 2019 proposed rule, and it will be published in the Federal Register on Thursday, Jan. 16. More

Labor Department Proposes New Rules on Joint Employment

The U.S. Department of Labor on April 1 released a Notice of Proposed Rulemaking (NPRM) to provide a definition of “joint employment” in the Fair Labor Standards Act (FLSA). More

Federal Appeals Court Rules on Joint Employer Case

The U.S. Court of Appeals for the D.C. Circuit has ruled that the National Labor Relations Board's (NLRB's) rules for determining when two different employers -- such as business and its franchisees -- are "joint employers" are too broad. This is a positive development for NATSO members and employers in general, as the broad standard has injected much uncertainty and costs into many business operations, particularly such as travel centers where the franchisee-franchisor relationship is ubiquitous. More

NLRB Overrules Browning-Ferris Industries and Reinstates Prior Joint-Employer Standard

The National Labor Relations Board (NLRB) on Dec. 14 reversed its position on the joint employer standard, returning the standard to its pre-2015 definition and ending years of uncertainty within the business community about the definition of joint employer. More

House Education and Workforce Committee Holds Hearing on Joint Employer Legislation

The House Committee on Education and the Workforce held a hearing Sept. 13 on legislative efforts to change the joint employer standard. Specifically, the hearing considered a bill by Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL), the Save Local Business Act (H.R. 3441), which would return the joint employer standard to a narrower definition that holds responsible only employers who have direct, actual, and immediate control over terms of employment. More

House Lawmakers Introduce Legislation to Reinstate Longstanding Joint Employer Standard

House lawmakers on July 27 introduced bipartisan legislation that would reinstate the longstanding Joint Employer Standard that was revised during President Obama’s second term by the National Labor Relations Board (NLRB) and the Department of Labor (DOL). More

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

In a positive development for employers, particularly the franchise community, the Department of Labor (DOL) has officially withdrawn its guidance on joint employment and independent contractors. More

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