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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Congress Asks NLRB To Scrap Joint Employer

Speaking of the NLRB, a bipartisan group of 83 US House members have sent a letter to the National Labor Relations Board asking the agency to roll back the Obama-era expansion of the joint employer definition. The joint employer issue has its own lengthy (and growing) history relating decisions, recusals and reversals by the National…

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NLRB Released Plan, Extends Comment Period

The National Labor Relations Board (NLRB) last week released its strategic plan for the agency’s immediate future and this week that it was again extending – for a second time – the comment period for its proposed joint employer rule, which would make it harder for businesses to be held liable for labor violations committed…

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Ohio on Verge of Joint Employer Exemption

Legislation has passed the Ohio state senate that exempts franchisors from joint employer status. Still subject to one final concurrence vote in the House before it is sent to the Governor for his signature, House bill 494 specifically exempts franchisors from any liability as a joint employer unless the franchisor specifically adopts joint employer status…

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NLRB Ethics Clears Emanuel for Joint Employer Case

National Labor Relations Board member William Emanuel was cleared this week by the NLRB Ethics Office to participate in NLRB discussions and deliberations surrounding the agency’s definition of joint employer. You will recall that Emanuel participated in the Board decision last year to reverse the expanded definition of joint employer in the Browning Ferris decision…

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Dodging the Joint Employer Bullet, Again

If the questions and skepticism of two judges for the 9th US Circuit Court of Appeals are any indication, McDonalds does not meet the definition of a joint employer under California law. 9th Circuit Judges Susan Graber and Andrew Kleinfeld indicated their belief that McDonald’s relationship with its franchisees did not give it control over…

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NLRB Moves to Fix Joint Employer

It may have been a long time coming, but the National Labor Relations Board is again moving to correct the egregious 2015 ruling on the joint employer definition. Yesterday, the NLRB released a draft rule that rolls back the new definition of joint employer the agency created in its Browning Ferris decision back in 2015.…

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SEIU Wants NLRB Clock Turned Back

Through the veil of the Fight for $15 movement that it has bankrolled, SEIU demanded that two of the republican members of the National Labor Relations Board recuse themselves this week from decisions involving a pending settlement of a major McDonald’s case. The settlement was rejected by an NLRB administrative law judge last month and…

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Joint Employer Impacting Hospitality Industry

In a new study recently released by the American Action Forum, the expanded definition of joint-employer is being blamed in large part for what appears to be a slowing in hotel industry growth and employment. In the wake of the 2015 Browning-Ferris decision, by the National Labor Relations Board (NLRB), the annual franchise employment rate…

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NLRB Judge Rejects McDonald’s Joint Employer Deal

As we’ve reported over the past few weeks, the question of Administrative Law Judges and their decisions came to the forefront this week when National Labor Relations Board ALJ Lauren Esposito rejected a proposed settlement on the joint employer issue. The case stems from Obama-era NLRB General Counsel Richard Griffin issuing a 2014 directive expanding…

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