National Labor Relations Act Articles

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NLRB Proposes New Joint Employer Standard

September 14, 2018

NLRB Proposes New Joint Employer Standard

The National Labor Relations Board (NLRB) on Sept. 13 released a proposed rule to establish an updated standard for determining joint-employer status under the National Labor Relations Act. Under the proposal, an employer may be found to be a joint employer of another employer's employees only if it possesses and exercises substantial, direct, and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.

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.

House Committee Approves Spending Bill; Provisions Would Block Harmful Labor Initiatives

July 15, 2016

House Committee Approves Spending Bill; Provisions Would Block Harmful Labor Initiatives

The House Appropriations Committee on July 14 approved the fiscal year 2017 Labor, Health and Human Services funding bill with provisions that would prohibit the Labor Department from enforcing several labor initiatives opposed by the travel plaza and truckstop industry.

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.

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.”