NLRB GC Makes Plans Known

It took quite a bit of time for newly installed General Counsel at the National Labor Relations Board (NLRB) Jennifer Abruzzo to win final Senate confirmation to the post, but she’s not wasting any time in setting a new tone for the agency now that she’s in the position.  Shortly after she was sworn into…

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DOL Officially Rescinds Joint Employer

As we warned just about one month ago, the U.S. Department of Labor (DOL) announced last week that it had officially rescinded the Trump administration definition of joint employer. An array of Democrat Attorney Generals had filed a number of lawsuits (some were successful and are on appeal) challenging several provisions of the Trump-era joint…

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Joint Employer Reversal Coming

More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage…

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Save Local Business Act Filed

Republicans have introduced a counter-measure to the joint employer expansion contained in the PRO Act, which as we’ve reported previously, has already passed the House. Senator Roger Marshall (R-KS) and Representative James Comer (R-KY) introduced the Save Local Business Act, which seeks to amend the National Labor Relations Act (NLRA) and Fair Labor Standards Act…

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Court Rejects Joint-Employer Delay

The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…

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DOL Rolling Back on Joint Employer

It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in…

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Court Tosses Part of Joint Employer Rule

On Tuesday of this week, Judge Gregory Woods of the U.S. District Court for the Southern District of New York ruled that portions of the Department of Labor (DOL) regulation on the issue was “arbitrary and capricious” and in conflict with the Fair Labor Standards Act (FLSA). New York v. Scalia, in which 17 different…

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Colorado Resurrecting Obama-era Joint Employer

It’s an issue that’s seemingly been resolved more times than one can count since President Trump took office in 2017, but joint employer is still rearing its ugly head periodically – and this time at the state level. The effort in Colorado to codify the egregious joint employer standard from the Obama-era NLRB almost completely…

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Labor Tries to Block Joint Employer with COVID

Organized labor is still determined to fight to save the Obama era expansion of the joint employer rule, most recently using the COVID-19 crisis as its tool of choice. The AFL-CIO along with the Service Employees International Union (SEIU) early this week sent a letter to NLRB Chairman John Ring urging the delay the final…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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