New bill latest effort to tackle definition of joint employment

July 28, 2017 0 COMMENTS

NLRB logoThe definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies.

The NLRB’s 2015 Browning-Ferris decision broadened the joint-employment standard so that a business that exercises only indirect control over another employer’s workers still can be considered a joint employer for purposes of collective bargaining. The new bill introduced in the House—dubbed the Save Local Business Act—seeks to clarify the joint-employment standard and provide relief to businesses that are in a relationship with another employer.

read more…

New joint-employer guidance puts employers ‘on notice’

January 25, 2016 0 COMMENTS

The U.S. Department of Labor’s (DOL) new guidance on joint employment means employers must think ahead when they find themselves in relationships that may fit the definition of “joint employment.”  DOL_logo

In a January 20 post on his blog, David Weil, administrator of the DOL’s Wage and Hour Division (WHD), announced new guidance related to joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act. Weil said the laws share the same definition of “employment,” which was written “to have as broad an application as possible.”

read more…

New NLRB standard exposes more employers to union, other pressures

August 27, 2015 0 COMMENTS

The National Labor Relations Board (NLRB) has adopted a new and broader standard of what constitutes joint employment by taking a stand that abandons a long-accepted standard in favor of one the Board claims better reflects “the current economic landscape.”

The new view of joint employment will bring major change not just to employers using staffing agencies but also to employers that operate on a franchise model or use various kinds of contingent workers, according to attorneys closely watching the Board’s actions.

read more…

Fast-food strikes, NLRB policies take center stage

April 15, 2015 1 COMMENTS

A day after the National Labor Relations Board’s (NLRB) controversial “quickie election” rule took effect, low-wage workers across the country took to the streets in an effort to boost their pay and join unions.

The Fight for $15 campaign, supported by the Service Employees International Union (SEIU), set April 15 as the date for the latest round of strikes that began in 2012. The protests include fast-food, homecare, airport, and other low-wage workers, including adjunct professors. Organizers reported that strikes were set for more than 230 cities and college campuses.

read more…