10.jpg

HR Connection blog

NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

on Mar 25, 2020 9:30:00 AM By | Mark Kisicki and Erica Shafer | 0 Comments | Legal NLRB Joint Employer
Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of another’s employees, the National Labor Relations Board (NLRB) has followed suit. On February 26, 2020, the NLRB issued a final rule, establishing–for the first time–a federal regulation with a clear standard for determining joint-employer status under the National Labor Relations Act. The rule has been in the pipeline for a long time. It was first proposed in 2018, but the NLRB received almost 29,000 comments in response. It has taken the NLRB about 18 months–and nearly 200 pages in the Federal Register–to consider those comments and adopt a final rule. This rule is scheduled to become effective on April 27, 2020.
Read More

Dealing With A Divided Workforce: NLRB Clarifies Standard For Treating Union And Nonunion Workers Differently

on Jul 17, 2019 10:17:00 AM By | Hugh F. Murray, III and Peter Stergios | 0 Comments | Unions Legal Compliance Management NLRB
Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having both union and nonunion employees. How an employer treats its nonunion workforce in relation to its union workforce can impact employee morale and raise some significant legal issues. In the recent case of Merck, Sharp & Dohme Corp., 367 NLRB No. 122 (May 7, 2019), the National Labor Relations Board (NLRB) clarified and reaffirmed that for the most part, employers are free to treat union and nonunion workforces differently as long as the employer does not have an improper anti-union motive in doing so.
Read More

Subscribe to the HR Connection blog!

Recent Posts

Topics

see all