On February 26, the NLRB vacated its recent decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (Dec. 14, 2017), because of Board […]
D.C. Circuit to Consider Once Again the NLRB’s Browning-Ferris Joint Employer Standard
There has been a new twist in the long-running legal battle over the NLRB’s joint employer standard. On April 6, the D.C. Circuit reinstated to its docket an appeal […]
NLRB Proposes Change to Joint-Employer Standard
Tomorrow, the National Labor Relations Board will be publishing a proposed rule that would roll back the controversial “joint employer” definition contained in the NLRB’s 2015 Browning-Ferris decision. […]
Federal Circuit applies unforgiving standard for accrual of statute of limitations on DTSA claims | White & Case LLP
On May 28, 2026, the US Court of Appeals for the Federal Circuit overturned a $59 million damages award for trade secret misappropriation under the Defend Trade Secrets […]
Cal/OSHA’s Draft Workplace Violence Standard: What Employers Should Know
By: Ilana Morady Cal/OSHA recently issued a revised draft of its general industry workplace violence prevention standard, offering the clearest indication yet of how the Division intends to build […]
California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Claims
Whistleblower retaliation claims brought under California Labor Code section 1102.5 should be evaluated using the evidentiary standard set forth in Labor Code section 1102.6, rather than the more […]
NLRB Proposes New Joint Employer Standard
Summary On September 6, 2022, the National Labor Relations Board (“NLRB”) released a Notice of Proposed Rulemaking that would rescind and replace the joint-employer rule that took effect […]
Divide Emerges Between Circuit Courts of Appeal Regarding the Standard for Issuing Notice to “Potential Plaintiffs” in FLSA Collective Actions
Summary The Fair Labor Standards Act of 1938 (“FLSA”) includes a collective-action mechanism that allows courts to direct that notice be sent to individuals who are “similarly situated” […]
NLRB Modifies Standard For Evaluating Independent Contractor Classification Under the National Labor Relations Act
On June 13, 2023, the National Labor Relations Board (“NLRB”) announced its highly anticipated decision in The Atlanta Opera, Inc., which addresses the classification of workers as employees […]
NLRB Reinstates Narrower Joint-Employer Standard First Implemented During President Trump’s First Term
Summary On February 25, 2026, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule for determining joint-employer status (“2026 Rule”) under the National Labor Relations […]