NLRB Reverses Joint Employer

Yesterday, the National Labor Relations Board officially overturned its egregious joint-employer standard (imposed by the Obama NLRB in its Browning-Ferris decision in 2015) and restored the historical standard of “direct and immediate” control. Now with a 3-2 republican majority under President Trump, the NLRB ruled yesterday on a 3-2 party-line vote that the standard created…

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House Passes Joint Employer “Fix”

Earlier this week by a vote of 49 – 46, the US House of Representatives passed the Save Local Business Act, (H.R. 3441) sponsored by Alabama Representative Bradley Byrne. The legislation was drafted in response to the egregious expansion of the joint employer definition by the National Labor Relations in the Browning-Ferris decision just over…

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Joint Employer Not in the News

Well, maybe I should have said “not in the newsroom”. This week the US Circuit Court of Appeals for DC ruled that CNN did not qualify as a joint employer, overturning an earlier NLRB ruling.  The issue was raised by union technicians who brought suit against CNN and their subcontractor, Team Video Services when the…

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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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Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

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DOL Dumps Joint Employer Rule

It didn’t take new Secretary of Labor Alex Acosta too long to determine that the expanded definition of joint-employer by the Obama-era Labor Department (DOL) was a dramatic overreach and to fix it. Earlier this week, Acosta announced that the DOL had withdrawn the joint employer guideline. Recall back in 2015 that David Weil, DOL…

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Speaking of Joint-employer

On the issue of joint-employer, states are still looking to insulate businesses within their borders from the NLRB re-definition by codifying the traditional definition in state law. South Dakota is the latest in a string of states to enact laws limiting “joint employer”. Governor Dennis Daugaard signed Senate bill SB137 into law last week after…

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Joint-Employer In Appeals Court

Although states continue efforts to insulate themselves from the new definition of joint-employer, dictated by the National Labor Relations Board last year, the BFI appeal is still slowly winding its way through the federal court system.  This past Tuesday, the defendant in the original NLRB case, Browning-Ferris Industries filed a brief with the US Court…

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Oklahoma Latest to Pass Joint-employer Clarification

There are now 9 individual states that have enacted legislation declaring that franchisors are not to be considered “joint-employers”.  Oklahoma became the latest to join that group when Governor Mary Fallin signed SB. 1496 on May 24.  The Oklahoma law essentially provides blanket protection that states franchisors “shall not be considered the employer of a…

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Keeping Up On Joint-Employer

While minimum wage and paid sick leave battles steal much of the anti-business limelight of late, we can’t lose sight of the importance of the ongoing efforts to effectively negate the National Labor Relations Board (NLRB) recasting traditional employer definitions.  As the McDonald’s v NLRB joint-employer case continues in a Manhattan courtroom, there’s been plenty…

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