House Puts Joint-Employer in Crosshairs

The US House Education and Workforce Committee moved the ball closer to the goal line of repealing the NLRB joint employer ruling with a hearing earlier this week on the risks imposed by the new expanded definition. The committee took testimony from a number of opponents of the expanded rule and in the wake of…

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Senate Hears NLRB Nominees

Just one day after the aforementioned joint-employer hearing, the US Senate Committee on Health Education Labor and Pensions took their turn. Yesterday, the Committee formally considered the nomination of two individuals put forward by President Trump to fill the final two empty seats on the National Labor Relations Board. Nominees Marvin Kaplan, a counselor at…

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Getting Sick Of NLRB

The National Labor Relations Board, now with all seats appointed if not yet filled and confirmed by the Senate, pretty much continues to make business sick with some of its anti-business decisions. Fortunately however, the courts are there to correct and undo the excesses of the (rogue?) independent agency until the full complement of members…

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Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

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Trump Fills Last NLRB Seat

Just last week, we reported on the nomination of Attorney Marvin Kaplan to the 4th seat on the National Labor Relations Board (NLRB), leaving only one vacancy on  the 5-member Board entrusted with enforcement of the National Labor Relations Act (NLRA). Just this week, President Trump closed that gap completely with the formal nomination of…

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Congress Undoing Other NLRB Rules

The Trump administration may be targeting and undoing a number of the more egregious Obama-era rules relating the workplace, but that doesn’t mean Congress isn’t going to take a shot at some as well. Just yesterday, the House Education and Workforce Committee marked up a couple of labor-related bills that will undo different Obama administration…

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Change and Court Overturn NLRB

Nothing could be more indicative that ‘change is in the air’, than the decision this week by the Department of Justice to change sides in the legal wrangle over Murphy Oil v NLRB, a 6 year old case on the validity of employment contracts that require a waiver of employee class action rights. Under the…

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House Hearing Targets NLRB Rules

The Health, Education, Labor and Pensions subcommittee of the House Education and Workforce Committee held a hearing Wednesday on three specific bills that target Obama-era guidelines promulgated by the National Labor Relations Board (NLRB). Ostensibly, the legislation seeks to rescind the ambush election rules along with others that unfairly improve the chances for labor unions…

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DOL Dumps Joint Employer Rule

It didn’t take new Secretary of Labor Alex Acosta too long to determine that the expanded definition of joint-employer by the Obama-era Labor Department (DOL) was a dramatic overreach and to fix it. Earlier this week, Acosta announced that the DOL had withdrawn the joint employer guideline. Recall back in 2015 that David Weil, DOL…

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Bill Seeks To Overturn NLRB

Over the course of the past several years, there have been a number of significant decisions rendered by the National Labor Relations Board (NLRB) largely rewriting the National Labor Relations Act. Over the past two weeks, remedies have been filed in both branches of Congress, but any final passage and resolution may still be quite…

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