Management Memo

On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and non-supervisory employees to attend employer-sponsored meetings where the primary purpose is to communicate the employer’s opinions on religious or political matters. The amendment took immediate effect and makes New York the latest state to ban so-called “captive audience meetings,” following the National Labor Relations Board (NLRB) General Counsel’s ...

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023, the Rule returns to and expands on the Obama era Browning-Ferris test, scrapping the NLRB’s 2020 Joint Employer test for the sole reason that the current Board disagrees with the 2020 test, and setting up a potential showdown with the Supreme Court over the “major questions” doctrine and the scope of the NLRB’s administrative authority.

The ...

Our colleague Steven Swirsky is featured on Employment Law This Week - DOL Proposes New Joint-Employer Rule speaking on the recent Department of Labor (DOL) ruling regarding joint-employers status under the Fair Labor Standards Act while the The National Labor Relations Board's (NLRB) joint-employment rule proposed in September 2018 is still pending.

Watch the interview below.

Employment Law This Week has released bonus footage from its interview with Steven Swirsky, co-founder of this blog and Member of the Firm at Epstein Becker Green.

In its recent Browning-Ferris decision, the NLRB loosened the standard for determining who qualifies as a joint employer. In this video, Mr. Swirsky elaborates on his comments featured as the top story in Employment Law This Week, Episode 1 (Oct. 19, 2015).

The top story on Employment Law This Week - Epstein Becker Green's new video program - is the NLRB’s recent Browning-Ferris decision, where it loosened the standards for determining who qualifies as a joint employer. It’s a critical ruling that affects many different industries and employers and the episode sums it up very succinctly.

The episode features a soundbite from this blog's co-founder Steven Swirsky, who has written extensively on the decision. See below to view the episode or read more about this important ruling and its implications.