NLRB Releases Rulemaking Agenda

There is more trouble coming down the pike from the NLRB in the form of revisions to a couple of regulations from the agency. As we’ve seen in the past, General Counsel Jennifer Abruzzo has been aggressive in pushing to overturn past decisions by the NLRB that upheld the position of business interests. Now, with…

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Senate Committee Hears Fast Act

One of the more egregious legislative proposals pending anywhere this year – the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act – was heard earlier this week by the Labor, Public Employment and Retirement Committee in the California state senate. The bill, which has already passed the state Assembly, sets aside existing…

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Continued Uncertainty Surrounds the Joint Employer Rule

At the end of July 2021, the U.S. Department of Labor (DOL) implemented a final rule to rescind the “Joint Employer Status under the Fair Labor Standards Act,” also known as the Joint Employer Rule, which first published in January 2020 under the Trump administration. This action should come as no surprise if you are…

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Independent Joe #69 August/September 2021

Facing a continued staffing crisis and growing labor costs, many businesses are looking beyond the next hire. Consider the barista who never calls in sick or the coffee-making bots that brew up to 300 portions per shift, work 24/7 and never take breaks, except for refilling or cleaning. In many ways, the crippling U.S. labor…

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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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