This edition summarizes key employment law developments over the past six months, including amendments to the rules implementing the SEC’s whistleblower program, partnerships among U.S. federal agencies to prevent anticompetitive and unfair labor practices in the market, and updated EEOC guidance for employers on COVID testing. We also discuss New York’s upcoming restrictions on the use of “automated employment decision tools,” how California courts are reacting to legislative requirements for board diversity, inflation relief initiatives in France and clarification of worker status in the U.K.
US Federal Developments
US State Developments
International Spotlight
US Federal Developments
Proposal Suggests New ‘Joint Employer’ Standard
On September 6, 2022, the National Labor Relations Board (NLRB) released a notice of proposed rulemaking that would rescind and replace the final rule entitled “Joint Employer Status Under the National Labor Relations Act,” which took effect on April 27, 2020. Under the new rule, the joint employer standard under the National Labor Relations Act (NLRA) would revert to pre-Trump era common law principles. The NLRA joint employer standard affects employer liability with respect to unfair labor practice charges, obligations to collectively bargain with employees and susceptibility to union picketing, among other things.
The 2020 rule codified the joint employer standard for the first time, but significantly narrowed which entities could be...
News Following the Jewellers Association Australia board's publication of inaccurate and misleading claims concerning its financial affairs over the past decade, Jeweller sought clarification on th...