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…
Read More »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…
Read More »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…
Read More »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.…
Read More »Earlier this week, the National Labor Relations Board (NLRB) issued its final rule for determining joint-employer status under the National Labor Relations Act. The final rule reinstates the “direct and immediate control” standard, whereby a company must have substantial direct control over the essential terms and conditions of employment of another employer’s workers in order…
Read More »Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…
Read More »Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…
Read More »As the end of 2019 rapidly approaches, many eyes are turning to several federal regulatory agencies where a number of important decisions are expected after the Trump administration released its regulatory schedule this week. The biggest of the big issues relates the question of joint employment status and its applicability under a number of federal…
Read More »On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…
Read More »One could argue that the National Labor Relations Board (NLRB) has been ground zero on a broad array of issues under President Trump as the administration tries to scale back anti-business regulations. And to drive that point home, this past week, the agency issued a ruling in a 3-1 decision in the Johnson Controls, Inc.…
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