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Proskauer - Labor Relations Update

D.C. Circuit Erases NLRB Joint Employer Order After Google-Cognizant Contract Lapses

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The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a...more

Perkins Coie

Ninth Circuit Applies Integrated Enterprise Doctrine to ADA Claims

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As a matter of first impression, on April 7, 2022, a U.S. Court of Appeals for the Ninth Circuit panel held that two related employers may be treated as one integrated employer to meet the 15-employee headcount threshold...more

Littler

Dynamex Retroactivity Question Sent to California State Court

Littler on

On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more

Cozen O'Connor

Seventh Circuit Defines Appropriate Test for Joint Employer Liability Under Title VII

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In a September 11, 2018 opinion, the U.S. Court of Appeals for the Seventh Circuit reversed a lower court decision and in doing so clarified the applicable test for determining joint employment for Title VII liability. The...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2016 Year in Review – Whitepaper

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Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

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As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more

Foley & Lardner LLP

Another Joint Employer Test Makes Its Debut

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On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

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Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Fisher Phillips

Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard

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In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more

Jackson Lewis P.C.

NLRB Joint Employer Case Will Be Heard by Federal Appeals Court on March 9

Jackson Lewis P.C. on

Oral argument on Browning-Ferris Industries of California, Inc.’s appeal seeking to overturn the National Labor Relations Board’s landmark joint employer decision, Browning-Ferris Industries of California, Inc., 362 NLRB No....more

Mintz - Employment Viewpoints

EEOC Urges Federal Appellate Court to Uphold NLRB’s Expansive Definition of “Joint Employer”

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The U.S. Equal Employment Opportunity Commission (EEOC) recently entered the Browning-Ferris saga, filing an amicus brief in support of the new joint employer test articulated by the National Labor Relations Board (NLRB) in...more

McAfee & Taft

JOINT EMPLOYER: When is a company considered the employer of another company’s employees?

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During the last several months, a number of government agencies and courts have taken the position that a company can be considered the employer of another company’s employees for purposes of employment law obligations. Most...more

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