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  • Top Five Labor Law Developments for September 2022 - Jackson Lewis

Top Five Labor Law Developments for September 2022 - Jackson Lewis

Mon, Oct 10, 2022 12:02 ET
in Press Release

  1. The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment.” These terms and conditions include wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules. While the Trump-era standard requires proving exercised control over the terms and conditions of work of another entity’s employees, the proposed rule states the authority to control such terms and conditions is sufficient to establish joint-employer status. 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. The Board is accepting public comments on the proposed rule until November 7, 2022.
  1. Major League Baseball (MLB) has voluntarily recognized the Major League Baseball Players Association (MLBPA) as the bargaining representative of minor league players. The MLBPA will collectively bargain the terms and conditions of employment for approximately 5,000 minor leaguers, after more than half of them signed union authorization cards...


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