Joint Employer Standard/Unionization

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National Labor Relations Board Vacates Joint Employer Decision Amid Controversy

February 27, 2018

National Labor Relations Board Vacates Joint Employer Decision Amid Controversy

The National Labor Relations Board (NLRB) has vacated its recent ruling, known as Hy-Brand Industrial Contractors, meaning a more expansive standard for "joint employment" under the National Labor Relations Act is back in effect. This is a negative development for employers, especially those in the truckstop industry. The decision comes after an NLRB Inspector General report questioning one NLRB board member's relationship with a law firm that is involved in the case.

NATSO, Others Urge Senate to Take Up Save Local Business Act, Redefine Joint Employer

February 15, 2018

NATSO, Others Urge Senate to Take Up Save Local Business Act, Redefine Joint Employer

NATSO joined 39 trade associations representing millions of job creators in every industry and sector of the U.S. economy in urging the U.S. Senate to take up the House-passed “Save Local Business Act” (H.R. 3441), which would redefine the definition of “joint employer” in the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).

NATSO Analysis: Joint Employer and the Nature of Employment

January 16, 2018

NATSO Analysis: Joint Employer and the Nature of Employment

As NATSO has previously reported, the National Labor Relations Board (NLRB) in December reversed the controversial Obama-era standard for "joint employment" under the National Labor Relations Act. This was a positive development for employers, particularly in the travel center industry where contract workers (such as equipment inspectors and delivery personnel) and franchise relationships are ubiquitous. However, businesses must remain vigilant of these issues because joint employer liability remains a fact-specific, often state-by-state issue.

NLRB Overrules Browning-Ferris Industries and  Reinstates Prior Joint-Employer Standard

December 15, 2017

NLRB Overrules Browning-Ferris Industries and Reinstates Prior Joint-Employer Standard

The National Labor Relations Board (NLRB) on Dec. 14 reversed its position on the joint employer standard, returning the standard to its pre-2015 definition and ending years of uncertainty within the business community about the definition of joint employer.

House Passes Bill Limiting Joint Employer Liability

November 14, 2017

House Passes Bill Limiting Joint Employer Liability

The U.S. House of Representatives on Nov. 7 voted 242-181 in favor of the Save Local Business Act (H.R. 3441) which, if enacted, would redefine the definition of joint employer under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).

House Committee Approves Joint Employer Legislation

October 6, 2017

House Committee Approves Joint Employer Legislation

The House Committee on Education and the Workforce on Oct. 4 passed legislation along party lines that would redefine the term "joint employer" under the National Labor Relations Act and the Fair Labor Standards Act. The legislation, which NATSO supports as an active member of the Coalition to Save Local Businesses and was an issue on which NATSO members lobbied at the 2016 NATSO Day on the Hill, would clarify that two or more employers must have direct control over employees to be considered "joint employers."

House Education and Workforce Committee Holds Hearing on Joint Employer Legislation

September 14, 2017

House Education and Workforce Committee Holds Hearing on Joint Employer Legislation

The House Committee on Education and the Workforce held a hearing Sept. 13 on legislative efforts to change the joint employer standard. Specifically, the hearing considered a bill by Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL), the Save Local Business Act (H.R. 3441), which would return the joint employer standard to a narrower definition that holds responsible only employers who have direct, actual, and immediate control over terms of employment.

House Committee Examines Joint Employer

July 13, 2017

House Committee Examines Joint Employer

The House Education and Workforce Committee held a hearing on July 12 to examine the murky joint employer standard that has generated much uncertainty in the employment community. The Coalition to Save Local Businesses, of which NATSO is an active member, submitted testimony to the Committee urging Congress to pass legislation clarifying the joint employer standard in a manner that will protect employees while enabling small businesses to avoid legal uncertainties and litigation.

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

June 8, 2017

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

In a positive development for employers, particularly the franchise community, the Department of Labor (DOL) has officially withdrawn its guidance on joint employment and independent contractors.

Congressional Leaders Call for Delay in Joint Employer Standard

April 10, 2017

Congressional Leaders Call for Delay in Joint Employer Standard

A bipartisan group of nearly 60 members of the U.S. House of Representatives recently called on the House Appropriations Committee leaders to include language in the Fiscal Year 2018 Labor, Health and Human Services, Education and Related Agencies Appropriations bill that would delay the National Labor Relations Board’s (NLRB) new joint employer liability standard.

NATSO Submits Testimony to Congress on Joint Employer Standard

February 24, 2017

NATSO Submits Testimony to Congress on Joint Employer Standard

On February 14, the House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions held a hearing entitled "Restoring Balance and Fairness to the National Labor Relations Board." NATSO submitted a statement for the record highlighting how the National Labor Relations Board's (NLRB's) revisions to the so-called "joint employer" standard in recent years has negatively impacted the travel plaza industry.

Judge Blocks New Persuader Rule Implementation, Likely Permanently

November 21, 2016

Judge Blocks New Persuader Rule Implementation, Likely Permanently

The U.S. District Court for the Northern District of Texas on Nov. 16 enjoined the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the Persuader Rule.

McDonald’s $3.75 Million Wage-and-Hour Settlement Holds Joint Employer Implications

November 1, 2016

McDonald’s $3.75 Million Wage-and-Hour Settlement Holds Joint Employer Implications

McDonald’s Corp. agreed to pay $3.75 million to settle a wage-and-hour lawsuit brought by employees at five franchisee-owned restaurants in the San Francisco Bay area, marking an important development in the company’s long-standing legal battle over whether it is a joint employer of franchise operations.

District Court Blocks Persuader Rule

June 28, 2016

District Court Blocks Persuader Rule

The U.S. District Court for the Northern District of Texas on June 27 granted a preliminary injunction that temporarily prevents the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the Persuader Rule. That rule was scheduled to take effect July 1. The injunction will be in effect until the district court issues a decision on the merits of the lawsuit or a higher court overrules the injunction if the DOL appeals it.

July 1 Marks Persuader Rule Compliance Date

June 24, 2016

July 1 Marks Persuader Rule Compliance Date

July 1 marks the deadline when employers and consultants must comply with the Department of Labor’s (DOL) new “Persuader Rule.”

June 20, 2016

Senate Committee Examines Joint Employer Standard

The Senate Small Business Committee held a hearing on June 16 examining the National Labor Relations Board's (NLRB's) new joint employer standard, where lawmakers heard from witnesses that businesses are fearful and uncertain about their legal responsibilities.

June 10, 2016

N.Y. AG Seeks to Hold Domino's Liable as Joint Employer

New York Attorney General Eric Schneiderman has sued Domino's LLC, the worldwide pizza chain, seeking to hold the company liable as a joint employer with several New York franchisees. The lawsuit represents the first time a state enforcement agency has sought to avail itself of the National Labor Relations Board's (NLRB's) recently revised joint employer standard, and is the latest in a recent trend of aggressive government enforcement actions with respect to joint employer liability.

Congressman Byrne Introduces Resolution to Nullify Persuader Rule

April 29, 2016

Congressman Byrne Introduces Resolution to Nullify Persuader Rule

Rep. Bradley Byrne (R-Ala.) recently introduced a resolution (H.J. Res 87) under the Congressional Review Act to nullify the Department of Labor’s controversial final persuader rule, which went into effect April 25.

Business Groups Challenge DOL Persuader Rule

April 1, 2016

Business Groups Challenge DOL Persuader Rule

The Coalition for a Democratic Workplace, the National Association of Manufacturers, the Associated Builders and Contractors and other business groups filed a lawsuit in federal court in Arkansas March 30 challenging the Department of Labor’s (DOL) final Persuader Rule.

NATSO Urges Congress to Restore Joint Employer Standard

March 25, 2016

NATSO Urges Congress to Restore Joint Employer Standard

In comments submitted to the House Small Business Committee March 22, NATSO urged Congress to restore the joint employer standard under the National Labor Relations Act (NLRA) to the “efficient” and “effective” rule that had been in place for more than 30 years prior to the National Labor Relations Board’s controversial August decision in its case against Browning-Ferris Industries (BFI) that redefined and expanded "joint employer” liability.

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