Topics: Joint Employer Standard/Unionization

NATSO Files Comments on Joint Employer Status Under the Fair Labor Standards Act

NATSO Files Comments on Joint Employer Status Under the Fair Labor Standards Act

NATSO on June 25 filed comments on the Department of Labor’s (DOL) Notice of Proposed Rulemaking (NPRM) on the joint employer standard under the Fair Labor Standards Act. More

Labor Department Proposes New Rules on Joint Employment

The U.S. Department of Labor on April 1 released a Notice of Proposed Rulemaking (NPRM) to provide a definition of “joint employment” in the Fair Labor Standards Act (FLSA). More

NATSO Comments on Reexamination of Joint Employer Standard

NATSO on January 28 submitted formal comments to the National Labor Relations Board as part of the NLRB's reexamination of the "joint employer" standard. NATSO's testimony supported the NLRB's reexamination of the joint employer standard, which was revised during the Obama Administration to expand the scope of determining "co-employment" under the National Labor Relations Act. More

Federal Appeals Court Rules on Joint Employer Case

The U.S. Court of Appeals for the D.C. Circuit has ruled that the National Labor Relations Board's (NLRB's) rules for determining when two different employers -- such as business and its franchisees -- are "joint employers" are too broad. This is a positive development for NATSO members and employers in general, as the broad standard has injected much uncertainty and costs into many business operations, particularly such as travel centers where the franchisee-franchisor relationship is ubiquitous. More

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. More

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. More

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. More

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. More

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). More

NATSO Analysis: Joint Employer and the Nature of Employment Members Only Join or Login

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. More

  • Showing
  • per page, 32 total