Topics: National Labor Relations Board (NLRB)

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. 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

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.” More

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. More

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." More

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. More

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. More

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. More

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. More

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. More

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