The National Labor Relations Board (Board) announced on June 21, 2022, that it intends to engage in rulemaking with respect to several subjects. One of those which was revealed to be a subject of rulemaking was joint-employer status under the National Labor Relations Act (Act).
On December 13, 2021, the Massachusetts Supreme Judicial Court (“SJC”) issued its long-awaited decision determining that the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B (“Independent Contractor Statute”), which establishes the three-pronged “ABC” test used to classify workers as independent contractors or employees – and provides for a rebuttable presumption that workers are employees unless the purported employer proves otherwise – is not the applicable standard to determine whether an entity is a joint employer.
Continue Reading Massachusetts High Court Rules “ABC” Test Is Inapplicable To Joint Employer Status
On July 29, 2021, the U.S. Department of Labor filed a final rule rescinding the Trump-era “Joint Employer Status Under the Fair Labor Standards Act” rule (29 CFR part 791), which went into effect on March 16, 2020.
Continue Reading DOL Finalizes Rescission of Trump’s Joint Employer Rule
Last month, the United States District Court for the Southern District of New York invalidated portions of the Department of Labor’s Final Rule on joint employment, holding that parts of the Final Rule conflicted with the statutory language of the FLSA and chiding the DOL for failing to adequately explain why the Final Rule departed from the DOL’s own prior interpretations.
Continue Reading Court Invalidates DOL’s Final Rule On Joint Employment Under The FLSA
The Department of Labor released guidance Tuesday regarding the implementation of the Families First Coronavirus Response Act, including details on how employers can determine whether they are covered by the Act.
Continue Reading DOL Explains 500-Employee Threshold, Provides Other Guidance on Coronavirus Response Act
On February 26, 2020, the National Labor Relations Board (NLRB) finalized its rule governing joint employer status under the National Labor Relations Act. The final rule generally restores the “direct and immediate control” standard that the NLRB applied for decades prior to the 2015 Browning-Ferris decision, but provides additional guidance.
Continue Reading NLRB Issues Joint Employer Final Rule
The last few weeks of a National Labor Relations Board Member’s term can be a busy time. This is especially true when a Member’s imminent departure will leave the Board without any Members from the minority political party. The Board historically has avoided major shifts in precedent without the participation of both parties. Last month was no different. As the clock wound down on Democrat Lauren McFerran’s term this December, the Board issued a flurry of significant rules and opinions that pare back many of the most anti-employer precedents set during the Obama-era.
Continue Reading A December to Remember at the NLRB
The Department of Labor earlier this month proposed employer-friendly amendments to its rules regarding joint employer liability under the Fair Labor Standards Act. In its Notice of Proposed Rulemaking, the DOL proposed the adoption of a four-factor test to assess joint employer status under the FLSA. The test would consider an employer’s actual exercise of significant control over the terms and conditions of an employee’s work, rather than attenuated control or contractually reserved control that goes unexercised.…
The National Labor Relations Board’s current joint employer standard received a mixed review from a federal circuit court late last month, providing some guidance on how courts may evaluate the Board’s ongoing rulemaking efforts.
Continue Reading D.C. Circuit Upholds Joint Employer Rule, Leaves Room for Changes through Rulemaking
Recently, the NLRB created significant uncertainty as to the joint employer test under the NLRA when it vacated a December 2017 decision that resurrected the standard that existed prior to 2015. On May 9, 2018, the NLRB indicated that it is considering rulemaking to address the joint employer test under the NLRA.
Continue Reading NLRB To Consider Rulemaking For Joint Employer Test