Prof. Kristin Hickman Quoted in Bloomberg Law About Invalidation of an NLRB Regulation

Professor Kristin Hickman was quoted in Bloomberg Law about a federal district court’s invalidation of a National Labor Relations Board regulation on joint employer liability under federal labor law. The NLRB has several options to respond include appealing the decision, initiating new notice-and-comment rulemaking to rescind the Trump-era joint employer rule that’s currently in effect, and refusing to acquiesce to the judge’s ruling outside of his judicial district. According to Professor Hickman, the judge who ruled in this case didn't appear to create any obstacles or provide any guidance for future NLRB efforts to rescind the regulation. She said, “The judge seemed to keep the door open for the NLRB to articulate a justification based on policy preference that would pass muster, without signaling what justifications might or might not be acceptable.”