The NLRB’S Ever Changing Joint Employer Rule

It is not easy these days trying to figure out what test the NLRB will utilize in determining whether one company is a “joint employer” of another.   On February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial Contractors, Ltd, decided just a few months earlier in December 2017, and restored the more expansive joint employer test announced in 2015 in Browning-Ferris Industries, which Hy-Brand had overruled.  Under Browning-Ferris, one company can be considered a joint employer of another if it just possesses “indirect control” or  “reserved authority” over the workers, even if it never exercised such control or authority.

Changes to Federal Law Allows More Unpaid Internships

With the Summer (finally) approaching, many employers are thinking of having “unpaid” internships for high school and college students. In recent years, however, such a program raised legal concerns over whether those interns were actually employees and had to be paid for their hours worked, as the U.S. Department of Labor under the Obama Administration had limited the circumstances in which an unpaid internship was truly “unpaid.”  However, USDOL guidance issued earlier in 2018 has changed all that – it will now be easier for employers to not pay their interns, as long as the “primary beneficiary” of the arrangement is the intern, i.e., a program that is primarily for the intern’s education and training.

Peter Frattarelli on Webinar “Pre-Employment Background Screening: FCRA, EEOC, Ban-the-Box, State and Local Law Compliance”

Peter Frattarelli to Speak at “Meet the Advocates”

Peter Frattarelli Presented NJBIZ for Sexual Harassment in the Workplace: Panel Discussion

Peter Frattarelli To Speak At NBI Seminar, “Human Resource Law From Start to Finish”