Joint Employer Standard Articles

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Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

July 19, 2018

Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

The Department of Labor (DOL) announced July 17 that it would rescind an Obama-era rule known as the Persuader Rule. This 2016 regulation would have required more disclosures from employers that work with consultants to counter union activities. The rule required employers and consultants to disclose not only when they reached an agreement regarding activities to persuade employees about “how or whether to exercise their collective bargaining rights,” but also when consultants simply provided advice, including “recommending drafts of or revisions to…speeches and communications” that were intended to influence employees with regard to collective bargaining and other organizational rights.

NLRB Chairman Sets Timeline for Joint Employer Rulemaking

June 8, 2018

NLRB Chairman Sets Timeline for Joint Employer Rulemaking

National Labor Relations Board Chairman John Ring recently sent a letter to several Senators announcing that the NLRB will begin the rulemaking process on the joint employment standard by this summer.

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 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 Lawmakers Introduce Legislation to Reinstate Longstanding Joint Employer Standard

July 27, 2017

House Lawmakers Introduce Legislation to Reinstate Longstanding Joint Employer Standard

House lawmakers on July 27 introduced bipartisan legislation that would reinstate the longstanding Joint Employer Standard that was revised during President Obama’s second term by the National Labor Relations Board (NLRB) and the Department of Labor (DOL).

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.

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.

Speaker Ryan Unveils Regulatory Reform Agenda

June 20, 2016

Speaker Ryan Unveils Regulatory Reform Agenda

As part of a broader Republican policy agenda before the November elections, House Speaker Paul Ryan (R-Wisc.) unveiled a regulatory reform agenda that outlines a number of policy proposals aimed at reining in federal regulations and giving Congress more power over regulators and authority to approve or reject major rules.

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.

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.

 Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas

February 1, 2016

Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas

The National Labor Relations Board (NLRB) recently revised the so-called “joint employer” standard significantly to expand the scope of determining “co-employment” under the National Labor Relations Act. Specifically, the NLRB decided that a company could be considered a “joint employer” if it possesses the right to control various terms and conditions of employment, regardless of whether that company actually exercises such control.

Looking Ahead to 2016

December 18, 2015

Looking Ahead to 2016

NATSO anticipates monitoring and advocating on more than a dozen public policy topics in 2016. Here’s a glimpse of some of the biggest issues facing NATSO members and what truckstop and travel plaza owners should prepare for as the 2016 Presidential race continues to heat up.

Congress Considers Major Spending Bill

December 7, 2015

Congress Considers Major Spending Bill

Congress has until Dec. 11 to pass an omnibus spending bill to keep the government running. Congressional Republican and Democratic negotiators remain in private negotiations in an effort to reach an agreement on the omnibus bill and avert a government shutdown, but time is running short. Because the omnibus is a "must-pass" piece of legislation, policymakers are actively trying to insert unrelated policy riders into the package. This includes language pushing back against Obama Administration priorities that will adversely affect NATSO members.

House Panel Approves Joint Employer Bill

October 29, 2015

House Panel Approves Joint Employer Bill

The House Education and Workforce Committee voted 21-15 Oct. 28 in favor of the Protecting Local Business Opportunity Act, H.R. 3459, which would restore the longstanding joint employer standard under the National Labor Relations Act (NLRA). Introduced by Congressman John Kline (R-Minn.) in September, H.R. 3459 would undo the recent expansion of joint employer liability under federal law and amend the NLRA by limiting joint employer findings to situations where two or more entities share control over employees that is “actual, direct, and immediate.”

Joint Employer Bill Gets Senate Panel Hearing

October 8, 2015

Joint Employer Bill Gets Senate Panel Hearing

Senate Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-Tenn.) called the National Labor Relations Board's recent decision to redefine and expand joint employer liability under the National Labor Relations Act the biggest attack on small business opportunity that he’s seen in a long, long time. Sen. Alexander made the remarks during his opening statement at a Senate panel hearing on the Protecting Local Business Opportunity Act. Sen. Alexander recently introduced the measure to revert the joint employer test in place prior to the NLRB’s August 3-2 decision.

Coalition Urges Congress to Restore Longstanding Joint Employer Standard

October 2, 2015

Coalition Urges Congress to Restore Longstanding Joint Employer Standard

The Coalition for a Democratic Workplace, of which NATSO is a member, urged Congress to quickly pass the Protecting Local Business Opportunity Act (S. 2015/H.R. 3549), which would restore the longstanding joint employer standard under the National Labor Relations Act.

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