Two months into the new year, federal labor agencies have announced significant regulatory changes that could reshape how your business engages staffing agencies, contractors, and gig workers.
On February 26, 2026, the National Labor Relations Board (“NLRB”) formally reinstated its 2020 joint employer rule, while the U.S. Department of Labor (“DOL”) proposed returning to the
In April of last year, the Supreme Court held that employees alleging discrimination under Title VII only need to show “some harm” to the terms and conditions of their employment in order to prove that they suffered an adverse employment action, unanimously rejecting the heightened “significant harm” standard followed previously by many lower courts. The
wo recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While courts previously granted administrative agencies such as the NLRB deference in their decision making, also known as Chevron deference, under Loper Bright, that deference is no longer guaranteed. Since the decision, employers have been patiently waiting to see what impact, if any, that ruling will have on the actions of the NLRB.
Last week, two circuits heard arguments that may reshape employer obligations and highlight the new era of judicial scrutiny of NLRB action.
Continue Reading Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?