Joint Employer: Still Front & Center

We thought it was resolved for good back in December with the NLRB decision in the Hy-Brand Industrial Contractors case, but the Inspector General’s report on that vote and Bill Emanuel’s participation in it changed that outcome. Now comes a request from the Competitive Enterprise Institute that the same Office of the Inspector General investigate…

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NLRB, McDonald’s Settle Joint Employer Suit

Although still subject to acceptance by the Administrative Law Judge, the National Labor Relations Board (NLRB) and McDonald’s Corporation have reached a tentative agreement that brings a 2014 lawsuit initiated by the Obama NLRB to a close. The tentative settlement, the terms of which have not been disclosed, does not include any admission of wrongdoing…

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Ambush Election Comment Period Extended Again

For the second time, the NLRB has extended the timeline for public comment on the agency’s December Request for Information (RFI) regarding the Board’s 2014 decision changing union election processes.  Those changes dramatically reduced the amount of time for an employer to allow a union representation election. The RFI asks whether the ambush election regulation…

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NLRB Asks For Court Review

Speaking of the NLRB, in the wake of it vacating its decision in the Hy-Brand case two weeks ago which restored the expansive definition of joint-employer, it has asked the DC Court of Appeals to resurrect its judicial review of the Browning-Ferris decision. You will recall that Browning-Ferris was working its way through the courts…

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Joint-Employer at Forefront Again

Earlier this week the National Labor Relations Board (NLRB) reversed an earlier decision and reinstated the expanded Obama-era definition of joint employer. Prompted by a report from the NLRB Office of the Inspector General that found one of the members, William Emanuel, should not have participated in the decision, the 3 remaining members voted unanimously…

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IG Faults NLRB Director Emanuel

The NLRB Inspector General completed its investigation into the NLRB Board vote overturning the joint-employer ruling and concluded Director William Emanuel should not have participated. The Board reversed the 2015 Browning-Ferris decision on joint employment and reinstated the historic definition back in December with the full 5 NLRB members participating. Subsequently, it became known that…

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NLRB Extends Comment Period, Court Remands Workplace Rules

NLRB continues to make headlines under the more business-friendly Trump administration. This week, the agency extended the deadline for public comments to be submitted on the ambush or so-called “quickie” election until March 19, 2018. Back in 2015 under the Obama administration, NLRB ordered a significant reduction in the time required for a union representation…

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Newsworthy NLRB

We realize we have been reporting quite regularly on the National Labor Relations Board lately, but the agency continues to generate news of import to small businesses – and this week is no exception. The agency is pursuing settlement of the high profile lawsuit it initiated against McDonalds back in 2015 over the joint-employer allegation.…

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What’s Brewing: NLRB, H-2B summer visas, Soda tax, Wages headed up, Sick leave

Good old 2017 ended with a bang, with the Trump Administration making good on its promises to axe a controversial ruling that Dunkin’ and other franchise owners have argued undermines the very foundations of franchising. The National Labor Relations Board has dumped the Obama-era joint-employer rule, which had sowed confusion and stirred fears of unionization…

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Forecasting 2018

As I sit here, just a few days before Christmas, I am watching the weather change outside my office window from relatively warm (for Minnesota), to downright cold. And like the weather, the one thing that we can always count on as the seasons change, is change in the political and legal landscape affecting business…

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