News & Analysis as of September 13, 2025

Comment Period

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employer Guide to Key DOL Proposals on Latest Regulatory Agenda

Fisher Phillips on 9/10/2025

The US Department of Labor (DOL) just released its latest semiannual regulatory agenda, and employers should tune in. The agency’s current proposals include high-priority actions related to joint employer determinations,...more

A Recent Proposed Change In The Law Embraces A Broader Standard For Determining Who Is An ‘Employer’ In Kentucky

Fisher Phillips on 1/20/2023

More businesses in Kentucky may be considered “joint employers” if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies have used...more

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

Fisher Phillips on 11/10/2022

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking...more

NLRB Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on 9/14/2022

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Snapshot on Manufacturing Industry: New Joint Employer Rule Could Spell Trouble for Manufacturers

Fisher Phillips on 9/14/2022

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Bradley Arant Boult Cummings LLP on 9/13/2022

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

DOL proposes four-factor test to determine joint employment status

Bricker Graydon LLP on 4/4/2019

Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on 4/2/2019

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

And The Waiting Continues . . . NLRB Extends Comment Period On Joint Employer Rule Once Again

Seyfarth Shaw LLP on 12/18/2018

Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due...more

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on 9/27/2018

The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Labor Board Moves to Clear the Confusion on Joint Employment

Foley & Lardner LLP on 9/25/2018

On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

Foley & Lardner LLP on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

NLRB Proposes Regulation to Resolve Joint Employer Issue

FordHarrison on 9/18/2018

On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

Beltway Buzz - September, 2018 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/17/2018

NLRB Issues Joint-Employer Proposal. Whoa. Today, the National Labor Relations Board (NLRB) published a proposed rule regarding its joint-employer standard. The proposed rule would undo the Board’s 2015 Browning-Ferris...more

NLRB Proposes New Joint Employer Standard

Smith Debnam Narron Drake Saintsing & Myers,... on 9/17/2018

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB Announces Proposed Rule Changing Joint-Employer Standard

Proskauer - Labor Relations Update on 9/17/2018

The National Labor Relations Board announced that it will publish a Notice of Proposed Rulemaking today, September 14, regarding its joint-employer standard. The proposed rule will state that an employer may be considered...more

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on 9/14/2018

The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more

Labor Board Proposes Complete Overhaul To Joint Employment Rule

Fisher Phillips on 9/14/2018

In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more

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