NLRB Withdraws Appeal Challenging the Decision to Vacate the Joint Employer Rule

On October 27, 2023, the National Labor Relations Board (“NLRB”) published a Final Rule (“New Rule”) concerning the joint-employer standard. The New Rule was delayed more than once due to legal challenges and on March 8, 2024, a federal court in Texas vacated the New Rule. On May 7, 2024, the NLRB filed an appeal to the Fifth Circuit seeking to reverse the Texas court’s decision. However, on July 19, 2024, the NLRB voluntarily dismissed this appeal.

Caroline SecolaJuly 24, 2024Nlrb, Labor

NLRB Joint Employer Rule Vacated

As employers may recall, on October 27, 2023, the National Labor Relations Board (“NLRB” or “Board”) published the long-awaited Final Rule (“New Rule”) concerning the joint-employer standard. The New Rule was supposed to take effect on December 26, 2023, but it was delayed more than once due to legal challenges. Most recently, the New Rule’s effective date was delayed to March 11, 2024; however, on March 8, 2024, a federal court judge in Texas vacated the New Rule. This means that for now, employers must continue to follow the joint employer rule issued in 2020. As a reminder, under that rule, a joint-employer relationship exists where a company exercises substantial direct and immediate control over the essential terms and conditions of another company’s employees.

Caroline SecolaMarch 11, 2024Nlrb, Joint Employment

National Labor Relations Board Finalizes Joint-Employer Rule & Postpones Effective Date to February 26, 2024

As employers may recall, on September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) released a Notice of Proposed Rulemaking concerning the joint-employer standard under the National Labor Relations Act (“NLRA”). On October 27, 2023, the NLRB published the long awaited Final Rule concerning the joint-employer standard, which will take effect on February 26, 2024.

Caroline SecolaNovember 28, 2023Nlrb, Labor

NYS Passes Law on “Captive Audience” Meetings

The National Labor Relations Board (“NLRB”) has had a longstanding rule which allows employers to hold mandatory meetings where they can discuss unionization with their employees. Recently, these “captive audience” meetings have come under attack. At the federal level, the General Counsel of the NLRB issued a memo in April 2022 expressing opposition to captive audience meetings as a violation of the NLRA. There has also been a trend of state legislation impacting captive audience meetings, including in Maine, Oregon, Connecticut, and Minnesota. Recently, New York has joined this trend.

Caroline SecolaSeptember 26, 2023Nlrb