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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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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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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On The Horizon with a Federal Trifecta

Well, it seems the unlikely has happened and Georgia voters turned the formerly-red state solid blue this week and with it, flipped the US Senate to democratic control. With the White House, US House of Representatives and now the US Senate all being in democratic control, what can we expect to see coming out of…

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Looking Forward: The Biden Plan for Small Business

Proceeding under the assumption that current presidential election results will not change significantly enough to alter the outcome announced to date, it may behoove us to take a closer look prospectively at a Biden Presidency. In that vein, we could expect one of the first actions in a Biden Presidency would be to rescind a…

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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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What’s Brewing: Drive-thrus, Fight for $15, Labor Law Repealed

You win some, you lose some. That’s the short version of the outlook for quick-service franchise owners as we head towards the end of the first quarter of 2020. On the plus side, the Trump Administration has finally nixed the controversial “joint-employer” rule that has roiled the quick-service sector for more than a half a…

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NLRB Finalizes Joint Employer Rule

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…

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Joint Employer Rules on the Move to OMB

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…

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Joint Employer Clarifications Expected By Year’s End

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…

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