National Labor Relations Board (NLRB) Articles

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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).

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positive development for employers, particularly the franchise community, the Department of Labor (DOL) has officially withdrawn its guidance on joint employment and independent contractors.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

House Subcommittee Approves Spending Bill; Would Block Harmful Labor Initiatives

July 11, 2016

House Subcommittee Approves Spending Bill; Would Block Harmful Labor Initiatives

The House Appropriations Subcommittee for Labor, Health and Human Services approved a fiscal year 2017 spending bill with provisions which would block several labor initiatives that stand to hurt the travel plaza and truckstop industry.

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

March 18, 2016

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

There were several important developments the week of March 14 on two labor issues that are critical to NATSO members: Efforts to expand the universe of employees entitled to overtime pay; and the joint employer issue, which could expose companies to legal liability for how their subcontractors, staffing agencies, and franchisees treat their employees.

 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.

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.

Joint Employer Bill Pushes Back on Labor Initiatives

September 14, 2015

Joint Employer Bill Pushes Back on Labor Initiatives

Republican Senator Lamar Alexander (R-Tenn.) and Congressman John Kline (R- MN) on Sept. 9 introduced legislation designed to undo the recent expansion of joint employer liability under federal law. The legislation responds to a National Labor Relations Board (NLRB) decision issued last month redefining "joint employer" in a manner that would make it easier for two or more companies to be considered "joint employers."

NLRB Redefines Joint-Employer Standard

August 31, 2015

NLRB Redefines Joint-Employer Standard

In a 3-2 decision last week, the National Labor Relations Board (NLRB) issued a decision in its case against Browning-Ferris Industries (BFI) that redefines and expands "joint employer” liability under the National Labor Relations Act, making it easier for two or more companies to be declared joint employers.

Court Rejects Challenge to "Ambush Elections" Rule

July 31, 2015

Court Rejects Challenge to "Ambush Elections" Rule

The U.S. District Court for the District of Columbia rejected a challenge filed by the Coalition for a Democratic Workplace and several other business and trade groups against the National Labor Relations Board's "ambush elections" rule.

Joint-Employer Standard, Overtime Eligibility Top Employer Concerns

July 17, 2015

Joint-Employer Standard, Overtime Eligibility Top Employer Concerns

Possible changes to the National Labor Relations Board’s (NLRB) definition of joint employer and expansion of employee overtime eligibility rank among top employer concerns, according to the 2015 Executive Employer Survey Report.

President Vetoes Resolution to Block Ambush Election Rule

April 2, 2015

President Vetoes Resolution to Block Ambush Election Rule

President Obama on March 31 signed a memorandum of disapproval that effectively vetoed the Congressional Review Act resolution (S.J. Res. 8) to block the National Labor Relations Board’s “ambush” election rule.

House Approves Measure to Block Ambush Election Rule

March 19, 2015

House Approves Measure to Block Ambush Election Rule

The U.S. House of Representatives on March 19 voted 232 to 186 in favor of the Congressional Review Act Resolution to block the National Labor Relations Board’s “ambush” election rule. The President is expected to veto the measure, however, which passed the Senate 53-46 earlier this month.

NLRB Asks Court to Dismiss Election Rule Challenge

March 12, 2015

NLRB Asks Court to Dismiss Election Rule Challenge

The National Labor Relations Board (NLRB) on March 6 asked the U.S. District Court for the District of Columbia to dismiss the lawsuit filed by the Coalition for a Democratic Workplace and other business groups seeking to block changes to its union election rules and procedures.

Senate Passes Measure to Block Ambush Election Rule

March 6, 2015

Senate Passes Measure to Block Ambush Election Rule

Senate lawmakers on March 4 passed S.J. Res. 8 to block the National Labor Relations Board’s “ambush” election rule. The House is now expected to take up a companion resolution, H.J. Res. 29, after lawmakers return from recess March 16.

NLRB Names McDonald’s as Joint Employer in Six Complaints

February 18, 2015

NLRB Names McDonald’s as Joint Employer in Six Complaints

The National Labor Relations Board’s Office of the General Counsel recently issued six more complaints that allege McDonald’s USA is a joint employer with its franchisees under the National Labor Relations Act, BNA reported.

Coalition Files Lawsuit to Stop NLRB Election Rule

January 7, 2015

Coalition Files Lawsuit to Stop NLRB Election Rule

The Coalition for a Democratic Workplace, of which NATSO is a member, on Jan. 5 filed suit in the U.S. District Court for the District of Columbia to stop the National Labor Relations Board (NLRB) from moving forward with its “ambush elections” rule.

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