HELP Delays Ring Vote, Then Approves

It was starting to feel like the confirmation that wasn’t, but at long last, the US Senate Committee on Health Education Labor & Pensions (HELP) has finally approved the nomination of NLRB member nominee John Ring and sent it to the full Senate. Over the past week, the announced vote on President Trump’s latest NLRB…

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NLRB Asks For Court Review

Speaking of the NLRB, in the wake of it vacating its decision in the Hy-Brand case two weeks ago which restored the expansive definition of joint-employer, it has asked the DC Court of Appeals to resurrect its judicial review of the Browning-Ferris decision. You will recall that Browning-Ferris was working its way through the courts…

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Joint-Employer at Forefront Again

Earlier this week the National Labor Relations Board (NLRB) reversed an earlier decision and reinstated the expanded Obama-era definition of joint employer. Prompted by a report from the NLRB Office of the Inspector General that found one of the members, William Emanuel, should not have participated in the decision, the 3 remaining members voted unanimously…

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IG Faults NLRB Director Emanuel

The NLRB Inspector General completed its investigation into the NLRB Board vote overturning the joint-employer ruling and concluded Director William Emanuel should not have participated. The Board reversed the 2015 Browning-Ferris decision on joint employment and reinstated the historic definition back in December with the full 5 NLRB members participating. Subsequently, it became known that…

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Newsworthy NLRB

We realize we have been reporting quite regularly on the National Labor Relations Board lately, but the agency continues to generate news of import to small businesses – and this week is no exception. The agency is pursuing settlement of the high profile lawsuit it initiated against McDonalds back in 2015 over the joint-employer allegation.…

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Over, But Not Gone

As we advised a few weeks ago, the NLRB reversed its egregious decision in Browning-Ferris and the definition of a joint-employer has reverted to the long accepted version of “direct and immediate control” over employees rather than the Obama-era “indirect and unexercised” control standard. Notwithstanding, proponents of retaining the 2015 definition continue to pursue avenues…

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SCOTUS Rejects Other Joint Employer Case

The Supreme Court of the United States (SCOTUS) missed an opportunity to put the issue to bed once and for all this week when the court announced that it would not take up a case addressing whether DirecTV is a joint employer under the Fair Labor Standards Act. By rejecting the Petition for a Writ…

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NLRB Reverses Joint Employer

Yesterday, the National Labor Relations Board officially overturned its egregious joint-employer standard (imposed by the Obama NLRB in its Browning-Ferris decision in 2015) and restored the historical standard of “direct and immediate” control. Now with a 3-2 republican majority under President Trump, the NLRB ruled yesterday on a 3-2 party-line vote that the standard created…

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Independent Joe #46 October/ November 2017

Sure, the franchise world is tough, but measuring success isn’t all that complicated, according to Don Fox, chief executive of Firehouse Subs. “Growth is not an option,” Fox told Dunkin’s franchise owners gathered at the DDIFO National Conference, held this year at Foxwoods Resort Casino on Oct. 30-31. “In business as in most things in…

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