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Top Five Labor Law Developments for September 2023 - Jackson Lewis

Mon, Oct 9, 2023 12:56 ET
in Employment News, Press Release

  1. The National Labor Relations Board anticipates issuing its new joint-employer rule by the end of October. The new rule is expected to revert to the Obama-era standard where 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 current standard — issued by the Trump-era Board — requires proving one entity exercised control over the terms and conditions of work of another entity’s employees, the new rule will state that 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, inter alia, it determines when one entity can be held liable for the other’s unfair labor practices and when two entities need to jointly bargain with a union.
  2. The United Auto Workers (UAW) commenced a strike after negotiations for a new contract stalled. The UAW, which represents 150,000 workers, is seeking additional paid time off, a 32-hour workweek, an end to wage tiers, and at least a 30% raise (down from the 46% initially proposed). The transition to electric vehicles and hiring at battery plants have also been critical points of contention. While the strike marks the...


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