NLRB Plows Ahead

Getting Acosta confirmed and in place is critical, as NLRB just keeps making headlines and its issues remain in the forefront. This week, the 6th Circuit Court of Appeals affirmed a ruling by an NLRB administrative judge that an employer prematurely withdrew recognition of their union but also overturned the prescribed NLRB remedy. Employees of…

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Speaking of Joint-employer

On the issue of joint-employer, states are still looking to insulate businesses within their borders from the NLRB re-definition by codifying the traditional definition in state law. South Dakota is the latest in a string of states to enact laws limiting “joint employer”. Governor Dennis Daugaard signed Senate bill SB137 into law last week after…

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But, There Are the “Bitter-Clingers”

Not to their guns & religion, rather to the anti-business direction that was so aggressively advocated during the eight year Obama administration. Leading the pact are still the rulings of the NLRB, about which the US Chamber produced a report, entitled Restoring Common Sense to Labor Law, which identifies the 10 most egregious rulings from…

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Reversing Obama

The 2016 election promised to undo many actions the Obama administration took on a host of issues – most notably, the Affordable Care Act. But, there are many regulatory actions that the Trump administration has teed up for a mulligan, if you will, that are causing angst in the organized labor camp and measured joy…

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Court Denies Class Certification v. McDonalds

A federal judge this week in the US District Court for the Northern District of California denied class certification for a group of employees at a number of San Francisco McDonald’s restaurants.  The plaintiffs’, who had already settled their claims with the franchise owner back in May of 2016, had brought suit alleging that McDonalds…

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NLRB and Joint-Employer, Again

Notwithstanding the judicial pounding the Obama administration and its regulatory schemes have been taking by the courts (and the electorate), the National Labor Relations Board is not deterred.  The agency recently announced they will appoint 5 administrative law judges from the Social Security Administration to replace those scheduled to retire at the end of this…

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New Joint-Employer Suit Filed

As courts strike down more of the Obama administration’s revised regulations, one of them that may most directly impact franchising served as the basis for another class action suit this week as more employees with a grievance try to get the “deep pockets” into court for liability.  This case was brought in Cook County, Illinois…

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US 3rd Circuit Rules Franchisees are Employees!

In a deeply divided 2-1 decision, the US 3rd Circuit Court of Appeals, sitting in Philadelphia, has ruled to certify a class action lawsuit against franchisor Jani-King of Philadelphia wherein the plaintiff franchisees contend they were wrongfully categorized as independent contractors  The plaintiffs argue that the control that the franchisor exercised over their day-to-day tasks…

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NLRB Rulings Further Squeeze Business

One week, two NLRB rulings = more trouble for businesses!  The National Labor Relations Board this week continued what could arguably be called its war on small business with two distinct rulings from the agency.  The issue in the first stems from the In-N-Out Burger practice of including “Merry Christmas” buttons on their workers’ uniforms…

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Joint-Employer In Appeals Court

Although states continue efforts to insulate themselves from the new definition of joint-employer, dictated by the National Labor Relations Board last year, the BFI appeal is still slowly winding its way through the federal court system.  This past Tuesday, the defendant in the original NLRB case, Browning-Ferris Industries filed a brief with the US Court…

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