House Passes Joint Employer “Fix”

Earlier this week by a vote of 49 – 46, the US House of Representatives passed the Save Local Business Act, (H.R. 3441) sponsored by Alabama Representative Bradley Byrne. The legislation was drafted in response to the egregious expansion of the joint employer definition by the National Labor Relations in the Browning-Ferris decision just over…

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Joint-Employer Revision Advances in House

One committee in Congress also moved to address a ‘disaster’ of a different sort this week when it gave formal approval to H.R. 3441, the Save Local Business Act. On a party-line vote of 23 – 17, the House Education and the Workforce Committee advances the bill, which narrows the extent to which certain businesses…

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Emanuel Closer to NLRB Post, Robb Nominated

NLRB nominee William Emanuel moved another step closer to Senate confirmation this week when the US Senate approved a closure motion on a party-line vote of 49-44 with several Senators already absent for the Rosh Hashanah holiday. Emanuel was nominated back in June for the fifth and final open NLRB slot. His formal confirmation vote…

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Joint Employer in the Crosshairs

The House’s  Workforce Protections subcommittee held a public hearing this week on the Save Local Business Act (HR.3441), a bill filed by Alabama republican Congressman Bradley Byrne and co-sponsored by 63 others even including a handful of democratic members. Notwithstanding the bipartisan support the bill has enjoyed, this memo from democratic congressional staff paints a…

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Joint Employer Not in the News

Well, maybe I should have said “not in the newsroom”. This week the US Circuit Court of Appeals for DC ruled that CNN did not qualify as a joint employer, overturning an earlier NLRB ruling.  The issue was raised by union technicians who brought suit against CNN and their subcontractor, Team Video Services when the…

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What’s Brewing: Joint-employer, Overtime rules, Shift scheduling

In with the new and out with the old. This summer small business owners are getting a clearer picture of where the Trump Administration stands on some key issues. The Trump Administration is taking aim at a pair of controversial, Obama-era policies that say could be damaging to the franchising business while also driving up…

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Senators Getting (Parts Of Their) Act Together

When it comes to “Repeal-and-Replace Obama Care”, the US Senate doesn’t seem to quite know what to do, but on a couple of other issues, the clarity of their intention is unquestionable. Such is the case with the future direction of the National Labor Relations Board and its Joint Employer ruling from the Obama era.…

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House Puts Joint-Employer in Crosshairs

The US House Education and Workforce Committee moved the ball closer to the goal line of repealing the NLRB joint employer ruling with a hearing earlier this week on the risks imposed by the new expanded definition. The committee took testimony from a number of opponents of the expanded rule and in the wake of…

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Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

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NLRB Unionizing And Other Issues Continue

Although the National Labor Relations Board is structured as an independent arbiter of labor issues, the agency’s apparent campaign to unionize as much of the US economy as possible continues unabated. Specifically, the recent NLRB recognition of graduate students as employees at universities across the country continues, most recently at Penn State, American University, Brown,…

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