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ARTICLE · 27 APRIL 2024

Top Five Labor Law Developments For March 2024

Jackson Lewis P.C.
Jackson Lewis P.C.
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Jackson Lewis P.C.

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A Texas federal judge struck down the National Labor Relations Board's new joint-employer rule. U.S. Chamber of Commerce v. NLRB, No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024).

United StatesEmployment and HR
  1. A Texas federal judge struck down the National Labor Relations Board's new joint-employer rule. U.S. Chamber of Commerce v. NLRB, No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024). The rule sought to broaden the Board's prior standard by finding joint-employer status where an entity possesses the authority to control at least one of seven enumerated essential terms and conditions of employment, regardless of whether the entity actually exercises that control. It was set to take effect March 11 after two previous delays. The court issued its order following oral arguments between the Board and a coalition of business groups led by the U.S. Chamber of Commerce, which argued the rule is unlawfully overbroad. Whether the Board will appeal the ruling is uncertain. For now, the Board's prior 2020 rule requiring "direct and immediate control" remains in effect. Litigation over the rule is ongoing in the U.S. Court of Appeals for the D.C. Circuit between the Board and the

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