#WorkforceWednesday: Navigating the NLRB’s New Joint-Employer Rule - Employment Law This Week®
#WorkforceWednesday: NLRB Expands "Joint Employer" Definition, Senate Confirms Agency Heads, and U.S. Regulates AI - Employment Law This Week®
The Labor Law Insider: Joint Employer Standards Changes, Part II
The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I
Employment Law Now VI-120 - Joint Employer Ping Pong
DE Under 3: Recent Carnegie-Mellon Report Calls Accuracy of Census Data into Question
#WorkforceWednesday: The Union-Friendly Biden NLRB, California's FAST Act, and Pay Transparency in California - Employment Law This Week®
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
Is Franchising Doomed?
Looking back at 2021 and ahead to 2022
#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment Law This Week®
Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.
#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®
Employment Law Now V-92 – Analyzing Congress’ Proposed “Pro Act” and Its Implication on Labor Law
Labor & Employment Law: Vermont and Federal Legislative Update
#WorkforceWednesday: Labor Market Imbalance, Return to Work, OSHA Enforcement Guidance - Employment Law This Week®
#WorkforceWednesday: Employee Travel and the Coronavirus, NLRB’s Joint-Employment Rule, and DoorDash’s 5,000+ Individual Arbitrations - Employment Law This Week®
6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers
#WorkforceWednesday: Joint Employment, Coronavirus, Medical Marijuana Protections - Employment Law This Week®
Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown
Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is...more
The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in...more
On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more
When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it....more
A federal court in Virginia recently granted McDonald’s USA, LLC’s motion to dismiss a former franchise employee’s Title VII and Virginia Human Rights Act claims. Edmonds v. McDonald’s USA, LLC, 2025 WL 1066193 (W.D. Va. Apr....more
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
Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature....more
A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D....more
Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more
With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment. The International Franchise Association (IFA) is advocating...more
The hospitality industry will need to focus on several key areas to ensure compliance and minimize risk in the year ahead, including data privacy and cybersecurity protections, employment and labor law compliance, and even...more
We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student...more
Our Wage and Hour Practice Group thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more
The Serrano/Ducksworth defense. If you know what I’m referring to, you don’t need to read any further. But if you don’t, well, please read on....more
President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more
Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations (HSI), the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions,...more
The Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. ...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB’s 2023 joint employer rule. In that decision, the Eastern District of Texas...more
On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of a federal district court’s decision vacating the NLRB’s 2023 joint employer final rule. After the U.S. District Court for the...more
As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more