The Joint-Employer Standard in Limbo: Hot Buttons Employers Should Watch Out For
The Joint Employer standard has been one of the core foundations of labor law. For the past years, employers are having a hard time to perceive whether their affiliations with other companies can be considered as Joint Employment. Thus, adding more challenge to the already complex landscape of joint-employment.
Just recently, the National Labor Relations Board (NLRB) issued a new set of standards in determining joint employer status under the National Labor Relations Act (NLRA). The proposed update paved the way for employers to deeply understand their limitations, liabilities and responsibilities under the proposed rule. The new standards could also pose a threat to the contractual relationship of business entities.
In this LIVE webcast, a panel of distinguished professionals and thought leaders will help employers, as well as their employees to understand the important aspects of this significant topic. They will provide an in-depth discussion of the Joint Employer standard. Speakers will also offer best practices in developing an effective approach on handling multiple entities and previews what is in store for employers in the coming.
Key Topics include:
- Joint Employment
- Regulatory Developments and Updates
- Remarkable Case Decisions
- The Standard for Determining Joint-Employer Status
- Minimizing Potential Joint Employer Liability
- What Lies Ahead
Michael Slocum, Of Counsel
Greenberg Traurig, LLP
- Statutory Language at Issue Defining “Employer”
- EEOC’s Joint Employment Approach
- NLRB’s Landmark Browning-Ferris Decision – and Hy-Brand
- NLRB’s Ongoing Rulemaking
Douglas A. Darch, Partner
Baker McKenzie LLP
- NLRB Struggles with Joint Employer Test
- Consequences of Subcontracting with a union represented employer
- Joint Employment of Little Consequence in Title VII Cases
- Confusion re Joint Employment in pay claims
- “Direct Participation” Theory a by pass?
- OSHA ‘s common Control Test
Who Should Attend:
- Employment and Labor Lawyers
- Employment Law Advisers
- Employee Relations Professionals
- Human Resource Personnel
- In-house Counsel
- Top Level Management
- Private and Public Companies
Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions.
- Labor and employment litigation, specifically:
- Title VII, ADA, ADEA, FLSA, FMLA, and state and local analogues
- NLRA, ERISA, and “ban-the-box” / “fair chance” laws
- Labor and employment counseling on multiple topics including:
- handbook and policy review
- wage and hour advice
- employee relations
- Whistleblower claims, including NJ CEPA
Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and …
Douglas Darch is a partner in Baker McKenzie’s Chicago office. He currently serves as the Chair of the Illinois State Bar’s Employee Benefits Section. He has participated in over 150 hearings before the National Labor Relations Board, labor arbitrators, federal and state courts, and administrative agencies. In 2018 he was named as one of the Top Ten Labor Management attorneys in Illinois by Leading Lawyer. He’s a Recognized Practitioner (Labor and Employment: Disputes – Including Collective Actions Defense), Legal 500 USA, 2017, and was recognized by Who's Who Legal: Pensions & Benefits 2015 as a "top name" in Chicago for benefit plan modification and ERISA litigation. He represents/counsels management in areas of Labor and Employment and has extensive experience in union/labor relations, corporate restructurings, multiemployer pension plans, international framework agreements, mergers, acquisitions, the integration of work forces, and melding European-style labor relations to meet US legal standards.
Douglas Darch is a partner in Baker McKenzie’s Chicago office. He currently serves as the Chair of the Illinois State …
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Method of Presentation:
Knowledge in Labor and Employment Law
NY Category of CLE Credit:
Areas of Professional Practice
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About Greenberg Traurig, LLP
Greenberg Traurig’s Global Labor & Employment Practice serves clients from offices throughout the United States, Latin America, Europe, and Asia. Members of the practice have had numerous trial wins and are frequently called upon to handle complex, bet-the-company, and large high-stake cases, including class and collective actions. On the labor side, a leading group of lawyers regularly represents management with labor-relations matters. Labor & Employment team members assist clients with complex employment issues, and design practical, proactive strategies that can be readily implemented by today’s human resources professionals. The practice has been recognized by Law360 as “Practice Group of the Year” for Labor & Employment (2011 and 2013), and has received a regional award from American Lawyer affiliate, Daily Report, for “Litigation Department of the Year” in Georgia (Labor & Employment 2015 and 2017). In addition, the practice is recognized by The Legal 500 United States in the areas of Labor and Employment Litigation, Labor-Management Relations, ERISA Litigation, and Trade Secrets Litigation. Visit Greenberg Traurig’s Labor & Employment Blog for insights and analysis of the latest labor and employment developments, including legislation, regulations, cases, policies, and trends.
About Baker McKenzie LLP
Baker McKenzie is a global firm with 6,000 attorneys in seventy offices in 47 countries. It is committed to helping clients overcome the challenges of competing in the global economy. Our lawyers solve complex legal problems across borders and practice areas. Its unique culture, developed over 65 years, enables its people to understand local markets, navigate multiple jurisdictions, and to work together as trusted colleagues and friends. Baker’s US offices are located in New York, Washington, D.C., Miami, Chicago, Houston, Dallas, San Francisco, and Los Angeles. Its Employment Practice Group consists of experienced peer recognized ERISA and labor relations attorneys.