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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Dismantle The NLRB?

The Circuit Court may have upheld the NLRB’s ruling in Specialty Healthcare, but the Competitive Enterprise Institute (CEI) didn’t let that get in the way of their report calling for the agency to be dismantled. Under the noble goal of shrinking government, the CEI released a report earlier this week calling for the functions of…

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More Change in the Air at NLRB

It seems that the broad subject of the NLRB has dominated our writings more than not over the past few months, and it will likely continue. Last week, the US Senate confirmed the nomination of Marvin Kaplan to fill the 4th spot on the Board and then went on its summer recess until Labor Day!…

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NLRB: One To Go

On Wednesday, the US Senate gave final confirmation to Marvin Kaplan, one of President Trump’s nominees to fill an open seat on the National Labor Relations Board. Kaplan, an attorney who has been serving as the Counsel for Occupational Safety and Health Review Commission since 2015 (he was appointed to the post by President Obama),…

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And Another Decision Overturned

It would seem that getting the full complement of NLRB Members in place and ridding it of Obama overreach may lighten the workload for the federal court system quite a bit. The U.S. Court of Appeals for the DC Circuit earlier this week overturned another NLRB decision that came out of Portland, Oregon. The management…

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Senators Getting (Parts Of Their) Act Together

When it comes to “Repeal-and-Replace Obama Care”, the US Senate doesn’t seem to quite know what to do, but on a couple of other issues, the clarity of their intention is unquestionable. Such is the case with the future direction of the National Labor Relations Board and its Joint Employer ruling from the Obama era.…

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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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