National Labor Relations Board 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 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.

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.

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.

Broadening Joint-Employer Standard Threatens Small Business Growth

March 27, 2015

Broadening Joint-Employer Standard Threatens Small Business Growth

If the National Labor Relations Board (NLRB) abandons a 30-year-old legal test for classifying multiple businesses as joint employers, franchisors and franchisees across the United States will have to renegotiate or reconsider business relationships, BNA reported.