New NLRB Rule Broadens Scope of Joint Employment

On October 27, 2023, the National Labor Relations Board (NLRB) published its Final Rule addressing the “Standard for Determining Joint-Employer Status” under the National Labor Relations Act (NLRA).  The new rule, slated to take effect on December 26, 2023, significantly expands the circumstances under which separate businesses can be considered...

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The Arbitrability of Non-Sexual Harassment Claims Under the “Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act”

By Gregory Feit Our firm previously reported on the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (codified at 9 U.S.C. §§ 401-02), which amended the Federal Arbitration Act. Broadly speaking, the EFAA prohibits the compulsory enforcement of pre-dispute arbitration agreements with...

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Delaware Court of Chancery: Corporate Officers Have Duty of Oversight, and Sexual Harassment Is a Breach of Fiduciary Duty

In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...

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