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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NLRB Joint Employer Rule Coming

Earlier this week, National Labor Relations Board (NLRB) Chairman John Ring made it clear that the agency will clarify its position on the joint employer issue sometime this summer. There has been discussion about how and when the agency would undo the Obama rule that dramatically expanded the definition of joint employer and cast a…

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NLRB Announces Regulatory Joint Employer Fix

Having vacated the decision by which the NLRB was re-establishing the historic definition of joint employer, the NLRB announced on Wednesday, that the agency was considering changing the definition by a regulatory rulemaking, rather than waiting for another case to raise the issue. That announcement prompted a bit of a twitter war between new Chairman…

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What’s Brewing: Joint-employer, Menu labeling, Minimum wage, Soda tax

The more things change the more they stay the same. That’s the theme when it comes to a couple of critical federal regulations that have the potential to have a big impact on the bottom line of the quick service industry. Victory celebrations over the rollback of the joint-employer rule turned out to be short-lived,…

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Browning-Ferris Back in Court

The US Circuit Court of Appeals for DC has accepted the Browning-Ferris case for consideration again in the wake of the NLRB vacating its decision in Hy-Brand Industrial Contractors that overturned the new joint employer definition established by the NLRB under President Obama in the Browning-Ferris decision. After the original Hy-Brand decision, the court remanded…

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Hy-Brand Asks NLRB To Reinstate

It was the decision that was  . . . until it wasn’t, of course. And now, the plaintiff in that case, Hy-Brand Industrial Contractors has asked the National Labor Relations Board to reinstate its original decision, which the Board vacated in February – a decision in favor of Hy-Brand and one that overturned the new…

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Joint Employer: Still Front & Center

We thought it was resolved for good back in December with the NLRB decision in the Hy-Brand Industrial Contractors case, but the Inspector General’s report on that vote and Bill Emanuel’s participation in it changed that outcome. Now comes a request from the Competitive Enterprise Institute that the same Office of the Inspector General investigate…

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