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01 Nov 2018 Comment Period for NLRB’s Highly Anticipated Joint-Employer Rule Extended

The NLRB extended the comment period for its proposed new joint-employer rule, giving the public another 30 days to weigh in on what has been a hot-button issue for businesses who use staffing companies or franchise models. On Sept. 13, the National Labor Relations Board (NLRB) unveiled a proposed new rule regarding joint employment under the National Labor Relations Act (NLRA), which stands to make it more difficult for the board to impose a joint-employer…

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14 Sep 2018 NLRB releases draft joint employer rule rolling back Browning-Ferris

Yesterday, the NLRB released its long-awaited draft rule that would roll back its controversial Browning-Ferris decision, which established a much looser test for determining when two companies are joint employers of a group of employees.   Since 2015, that ruling has been the bane of many employers’ existences. Many have argued that the Browning-Ferris joint employer standard has made it much more difficult to determine whether employers are joint employers, especially in temporary employee and…

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06 Jun 2018 Fireworks! NLRB Chairman Fires Back At Senators, Confirms Agency Will Address Joint-Employer Issue Through Rulemaking

National Labor Relations Board (NLRB) Chairman John Ring issued a letter to several U.S. Senators on Tuesday, June 5 addressing concerns they previously raised with the head of the labor board regarding potential rulemaking on the standard the agency uses for evaluating joint-employment. Specifically, Ring vehemently rejected any contention that the board was considering rulemaking to somehow circumvent ethical restraints; pronounced the NLRB officially is going forward with rulemaking to address the agency’s standard for…

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30 May 2018 Senators Express Concern Over Labor Board’s Planned Rulemaking

Several U.S. Senators recently sent a letter to National Labor Relations Board (NLRB) Chairman John Ring expressing concern over the agency’s planned rulemaking with respect to the standard the board uses for evaluating “joint employment,” according to a new report from Bloomberg BNA. Specifically, Sens. Elizabeth Warren (D-Mass.), Bernie Sanders (I-Vt.), and Kirsten Gillibrand (D-N.Y.) stated in their letter that the potential rulemaking may be an attempt to “evade the ethical restrictions” pertaining to NLRB…

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22 May 2018 Loose Lips Don’t Sink Ships: NLRB Member Cleared By Agency Inspector General

The National Labor Relations Board’s (NLRB) Inspector General recently began an investigation into NLRB Member Pearce related to comments he made at a conference regarding a pending matter. The matter he commented on was the Hy-Brand Industrial Contractors case that came down last year from the Trump board on joint-employer status but later was overturned due to an alleged conflict of interest by a presiding member.   According to a prior report from Bloomberg BNA:…

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17 May 2018 One Way Or Another: Trump NLRB Coming at Joint-Employer Standard from New Angle

President Trump’s newly constituted National Labor Relations Board (NLRB) made waves at the end of last year when it issued a slew of significant decisions, including one that overturned an Obama NLRB decision that relaxed the standard for finding “joint-employment” status between two or more companies.   Many employers celebrated the overturning of the Obama board joint-employer decision, but that celebration was short lived because the NLRB’s inspector general issued a report earlier this year…

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05 Apr 2018 Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.

  The Inspector General of the National Labor Relations Board (NLRB) has had a busy 2018, as he has had to investigate at least two members for alleged improper conduct. The first investigation involved Member Emanuel and allegations he should have recused himself from a case last year dealing with joint-employer status under the National Labor Relations Act due to a purported conflict of interest. The second investigation involves Member Pearce and an allegation he…

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08 Jan 2018 A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court

  On Jan. 4, the Teamsters union filed a motion with the U.S. Court of Appeals for the D.C. Circuit in the infamous Browning-Ferris case requesting that the court reconsider its Dec. 22 order that remanded the case back to the NLRB. The reason? The Teamsters argue that one of the new NLRB members’ law firms was involved in the related Browning-Ferris case. The case was on appeal to the court from the NLRB.  …

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15 Dec 2017 NLRB Delivers Early Holiday Gifts to Employers Reverts on Joint Employment, Issues Favorable Personnel Policies Standard

  Holiday gift giving has started early this year thanks to a busy week by the revamped, employer-friendly National Labor Relations Board (NLRB). On Dec. 15, the board handed down two opinions, one overturning a 2004 decision on work rules and handbook policies and the other overruling the infamous Obama-era joint employer standard.   We’ll start with the biggest gift of all: the overturning of Browning-Ferris and the return to a more sensible joint-employer standard….

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18 Jul 2017 NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

  The NLRB’s controversial 2015 Browning-Ferris decision greatly expanding the definition of “joint-employer” to include those employers who exert only indirect control over employees may not be around much longer, as House Republicans are attempting to use the power of the purse to rein in the Board.   On July 13, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education voted to approve a draft spending bill for fiscal year 2018 that…

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