DOL Rolling Back on Joint Employer

It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in…

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Biden Fires EEOC General Counsel

Just weeks after he fired NLRB General Counsel Peter Robb, whose appointment didn’t expire until November 2021, and subsequently the agency’s acting General Counsel Alice Stock, President Biden last week also fired Equal Employment Opportunity Commission (EEOC) General Counsel Sharon Fast Gustafson, whose appointment to the post was valid until 2023! Both individuals, each of…

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Union Lawyer Nominated for NLRB Post

Staying on the broad subject of organized labor and its outsized influence in the current administration, President Biden last week officially nominated Jennifer Abruzzo for the post of National Labor Relations Board General Counsel. Abruzzo, who had previously served in a number of different capacities at the NLRB including acting General Counsel during the Obama…

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This Time Biden Fires Acting NLRB Counsel

Last week, our lead story in Small Regular No Sugar! was the firing of National Labor Relations General Counsel Peter Robb. In his place, deputy general counsel, Alice Stock, ascended to the position of Acting General Counsel until a replacement was to be named. Her tenure was quite short however, as Biden turned around and…

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Biden Fires NLRB General Counsel Robb

On his first day in office as the 46th President of the United States, Joe Biden this week terminated attorney Peter Robb from his position as General Counsel for the National Labor Relations Board (NLRB). News reports indicate that the Biden administration requested that Robb resign from the position and allow the newly inaugurated President…

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Looking Forward: The Biden Plan for Small Business

Proceeding under the assumption that current presidential election results will not change significantly enough to alter the outcome announced to date, it may behoove us to take a closer look prospectively at a Biden Presidency. In that vein, we could expect one of the first actions in a Biden Presidency would be to rescind a…

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NLRB OKs Cell Phone Ban in Workplace

Two weeks ago, the National Labor Relations Board (NLRB) issued a final ruling reversing the decision of the Administrative Law Judge (ALJ) in the case of Colt Beverage where the ALJ found that a company prohibition on the use or possession of a personal cell phone in the work area violated the employee’s rights under…

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Labor Tries to Block Joint Employer with COVID

Organized labor is still determined to fight to save the Obama era expansion of the joint employer rule, most recently using the COVID-19 crisis as its tool of choice. The AFL-CIO along with the Service Employees International Union (SEIU) early this week sent a letter to NLRB Chairman John Ring urging the delay the final…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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White House Readies NLRB & EEOC Nominations

Earlier this week, the White House announced the names of four individuals being nominated for positions on the National Labor Relations Board (NLRB) as well as the Equal Employment Opportunity Commission (EEOC).  President Trump will re-nominate former NLRB member Lauren McFerran to one of the two vacant democratic seats on the NLRB and current Board…

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