NLRB Issues on Unions, Member Conflict

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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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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Joint Employer Comment Period Open

The proposed DOL regulation on joint employer was officially published in the Federal Register on Tuesday of this week, triggering the start of the 60-day public comment period. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically,…

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DOL Rules on Joint Employer, Tweaks OT Again

The US Department of Labor came out with its long awaited proposed joint employer rulemaking this week and once again tweaked its regulations on overtime calculations. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically, it proposes…

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Joint Employer Comment Period Closes

At long last, the public comment period for the new joint employer regulation has finally closed. The regulation, which was first published in the federal register last September 18, was initially open for public comment only through November 18. Since that time however, the closing deadline was postponed twice until January 12, and then, caught…

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NLRB Moving Forward on Joint Employer

Despite calls for the National Labor Relations Board (NLRB) to slow its engines on rolling back the definition of joint employer, the agency appears steadfast in its determination to undo the Obama-era expansion of joint employer applicability. NLRB Chairman John Ring rejected a formal request he received from two democratic members of Congress to rescind…

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Joint Employer Comment Deadline Extended

It is apparently the deadline that never is, but the January 14 deadline for new public comments on the joint employer rule was extended again last Friday by the National Labor Relations Board (NLRB). Under the terms of this latest extension, new public comments must be received by January 28, 2019 and responses to new…

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DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

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DOL Rule Still Just A Promise

On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated…

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NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

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