House Passes Joint Employer “Fix”

Earlier this week by a vote of 49 – 46, the US House of Representatives passed the Save Local Business Act, (H.R. 3441) sponsored by Alabama Representative Bradley Byrne. The legislation was drafted in response to the egregious expansion of the joint employer definition by the National Labor Relations in the Browning-Ferris decision just over…

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Griffin Out, Robb Confirmed

Speaking of the NLRB and their egregious decision on joint-employer, the architect of that ruling, General Counsel Richard Griffin, was working under a fixed term contract which expired on November 1 and he is no longer with the NLRB. Effective the first of this month, Griffin was out as General Counsel and the acting general…

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NLRB Set, Trump Nominates New FTC Chair

With the National Labor Relations Board now at full strength, with his final Director appointments confirmed, sworn in and seated, President Trump this week announced his nomination of antitrust attorney Joseph Simons as the new chairman of the Federal Trade Commission (FTC). Simons, whose formal appointment is also subject to US Senate confirmation, is co-chairman…

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Joint-Employer Revision Advances in House

One committee in Congress also moved to address a ‘disaster’ of a different sort this week when it gave formal approval to H.R. 3441, the Save Local Business Act. On a party-line vote of 23 – 17, the House Education and the Workforce Committee advances the bill, which narrows the extent to which certain businesses…

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NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

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Senate Confirms Emanuel For Full NLRB

For the first time in quite a while, the National Labor Relations Board operated with a full complement of Directors this week as fifth Director William Emanuel was confirmed early this week by the United States Senate on a party-line vote of 49-47. Emanuel’s confirmation gives the 5-person Board a 3-2 republican majority for the…

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Joint Employer in the Crosshairs

The House’s  Workforce Protections subcommittee held a public hearing this week on the Save Local Business Act (HR.3441), a bill filed by Alabama republican Congressman Bradley Byrne and co-sponsored by 63 others even including a handful of democratic members. Notwithstanding the bipartisan support the bill has enjoyed, this memo from democratic congressional staff paints a…

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NLRB Appointment Updates

With the United States Senate back in session over one week now, we’re still awaiting its confirmation vote on NLRB nominee William Emanuel. Although Emanuel was nominated in June, one week after new NLRB member Marvin Kaplan (who was confirmed back in early August), his confirmation was stalled in the Senate due to his delay…

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US House Shortens Leash on Labor, NLRB

Earlier this week while deliberating the Labor-HHS-Education funding bill, the US House Committee on Rules advanced 58 different amendments, many of which significantly impact the Department of Labor and the National Labor Relations Board. The amendments, which were scheduled for debate on the House floor beginning yesterday, include funding reductions for the NLRB and restricting…

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Court OKs NLRB Standard

The D.C. Court of Appeals upheld Friday the National Labor Relations Board’s Specialty Healthcare ruling, which made it easier for unions to form smaller collective bargaining units. The 2011 decision by the NLRB opened the union organizing flood gates in many ways and gave birth to the notion of micro-unions. The new standard established by…

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