Topics: Joint Employer Standard/Unionization

District Court Blocks Persuader Rule

The U.S. District Court for the Northern District of Texas on June 27 granted a preliminary injunction that temporarily prevents the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the Persuader Rule. That rule was scheduled to take effect July 1. The injunction will be in effect until the district court issues a decision on the merits of the lawsuit or a higher court overrules the injunction if the DOL appeals it. More

July 1 Marks Persuader Rule Compliance Date

July 1 marks the deadline when employers and consultants must comply with the Department of Labor’s (DOL) new “Persuader Rule.” More

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. More

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. More

Congressman Byrne Introduces Resolution to Nullify Persuader Rule

Rep. Bradley Byrne (R-Ala.) recently introduced a resolution (H.J. Res 87) under the Congressional Review Act to nullify the Department of Labor’s controversial final persuader rule, which went into effect April 25. More

Business Groups Challenge DOL Persuader Rule

The Coalition for a Democratic Workplace, the National Association of Manufacturers, the Associated Builders and Contractors and other business groups filed a lawsuit in federal court in Arkansas March 30 challenging the Department of Labor’s (DOL) final Persuader Rule. More

Labor Dept. Issues Final "Persuader" Rule on Union Organizing Communications by Employers

The Department of Labor (DOL) on March 23 issued its final "Persuader Rule," requiring employers and their hired labor-relations consultants to disclose far more of their communications to employees. The employer community has expressed concern that the rule will limit employers' access to expert advice as to how to communicate with employees regarding the pros and cons of unionization. More

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. More

Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas Members Only Join or Login

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. More

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. More

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