Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…

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Category: NLRB,

On October 16, 2017, the U.S. Supreme Court declined to review the California Court of Appeal’s 2016 decision in Tanguilig v. Bloomingdale’s, Inc.  At least for now then, the California Supreme Court’s 2012 decision in Iskanian v. CLS Transportation Los Angeles, LLC stands.  As readers of this blog will know, that earlier decision determined that…

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Today, in a memo to all U.S. Attorneys and heads and federal agencies, Attorney General Jeff Sessions stated that Title VII of the Civil Rights Act of 1964, as a matter of law, does not prohibit employment discrimination against transgender persons.  The Attorney General stated in his letter that there was no intent or effect…

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As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an active role in reshaping the landscape of employment and independent contractor relationships. Notably, in the Browning-Ferris…

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Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las Vegas did not interfere with a bellhop’s “Weingarten rights” under the National Labor Relations Act (“NLRA”). Standing alone, this is an important decision for employers…

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