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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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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Joint Employer Comment Period Ends Thursday

As we’ve reported before, the extended public comment period relating proposed changes to the definition of joint employer ends next Thursday, December 13. The proposed rule was published in the Federal Register in September and was extended an additional 30 days to allow for additional comments. If any of our readers have yet to comment…

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NLRB Extends Joint Employer Comment Period

The National Labor Relations Board this week extended the deadline for public comments on its proposed joint-employer rule for an extra month. The 60-day public comment period was scheduled to end on November 13, but the agency postponed that deadline now until December 13. Public comments will be accepted until that time and until December…

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Trump Admin Releases Regulatory Plans

The Trump administration yesterday released its fall 2018 regulatory roadmap, listing all the rules that the government expects to take action on in the coming months. The two with which we are most concerned of course, the joint employer and overtime exemption rules, are both set to be addressed – and finalized – by the…

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Two Prong Push for Joint Employer Fix

Congress is pushing for a final resolution to the joint employer issue on both the regulatory and legislative fronts. First off this week, both Senate Subcommittee on Employment and Workplace Safety Chairman Johnny Isakson (R-GA) and his House counterpart, Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL) sent letters asking all House and Senate members to…

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Biz Interests Urge Trump to Drop Pearce

As the August 27 expiration of his term on the National Labor Relations Board approaches, Mark Gaston Pearce, democrat NLRB member and past chairman, finds himself in the crosshairs of business interests. Yesterday, the Competitive Enterprise Institute (CEI) urged President Trump to not reappoint Pearce to the NLRB and that he delay filling the democratic…

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US Chamber Pushes Joint Employer Bill

Whether by regulation or by passage of the Save Local Business Act (H.R. 3441), business interests across the country are pushing hard to resolve joint employer once and for all. This week the US Chamber launched an aggressive advertising campaign targeting Indiana Senator Joe Donnelly, a “blue-dog” democrat who has yet to sign on to…

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What’s Brewing: Menu labeling, 7-Eleven crackdown, Joint employer rule

Just when you thought your menus were finally safe from government meddling, calorie labeling is back. A long-standing and controversial federal proposal to force Dunkin’ Donuts and other restaurants to post calorie counts on their menus looked all but dead when President Trump took office last year. After all, menu labeling was a notable initiative…

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