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
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U.S. Court of Appeals for the D.C. Circuit
The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context
By Fox Rothschild LLP on
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…
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Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
By Fox Rothschild LLP on
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…
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The D.C. Circuit Issues an Ultimately Uneventful Decision on Joint Employer
By Andrew M. MacDonald on
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…
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The DC Circuit Is Not Persuaded: The NLRB’s Revised Back Pay Formula Survives (For Now)
By Fox Rothschild LLP on
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…
Continue Reading The DC Circuit Is Not Persuaded: The NLRB’s Revised Back Pay Formula Survives (For Now)