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Top Five Labor Law Developments for March 2023 - Jackson Lewis

Mon, Apr 17, 2023 10:56 ET
in Press Release

  1. The National Labor Relations Board will release its new joint-employer rule in August. In September 2022, the Board issued its proposed rule for determining joint-employer status under the National Labor Relations Act under which entities are deemed joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment.” Under the proposed rule, a return to the Obama-era standard, the authority to control terms and conditions of employment alone is sufficient to establish joint-employer status, even if the entity never exercises such authority. The Board indicated it completed its review of the approximate 13,000 public comments it received and will issue a final rule in August. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable for the other’s unfair labor practices.
  1. According to a Bloomberg Law report, union contracts ratified in 2022 provided workers their highest pay raises in more than 30 years. The report highlighted that average first-year raises increased substantially, averaging 6.6% when accounting for signing bonuses and other lump-sum payments. Average pay increases were even higher in the non-manufacturing industries. These gains likely are due at least in part to the COVID-19 pandemic, increased strike activity and union election wins, high inflation rates, and a worker-friendly Board under the Biden Administration.
  1. Board...


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