U.S. Court of Appeals for the D.C. Circuit

There is another yet another development in saga of the NLRB’s joint employer standard.  This issue, which has caused consternation in the business community, concerns the Board’s standards for finding that two entities are jointly responsible under federal labor law as the employers of a certain group of employees.  Just before the New Year, the

On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns successor setting initial terms and conditions of employment, possibly offsetting its duty to bargain with a union in certain situations. As such, the court partially

On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) back to the Board for reconsideration of several employee handbook violations found unlawful under the now-replaced Lutheran Heritage standard in light of the Board’s new standard recognized in Boeing Co.

The issue of joint employer has been frequently discussed in the labor & employment law circles, and even the media, since the National Labor Relations Board (“NLRB” or “the Board”) issued its 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015). The issue has had so much attention that a bill, H.R.

You know the old saying, ‘if it ain’t broke, don’t fix it,’ right? Well, the National Labor Relations Board (NLRB) has never really liked this idea, especially during the Obama administration. On June 9, 2017, the D.C. Circuit upheld the NLRB’s August 24, 2016 decision in King Soopers, Inc., where it revised its