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21 Nov 2017 DOL Head Slams NLRB’s Vague Test for Joint Employment

  According to a recent report by Bloomberg BNA, Department of Labor (DOL) Secretary Alexander Acosta expressed dissatisfaction for the National Labor Relations Board’s (NLRB) joint-employment test during remarks to the Federalist Society’s National Lawyers’ Convention. Specifically, while discussing his view of the DOL’s test for joint employment, he brought up and criticized the NLRB’s approach to the issue. He described the NLRB’s rule as being too vague and potentially infringing on the “freedom to…

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09 Nov 2017 Game Changer? New NLRB General Counsel Confirmed By Senate

  The National Labor Relations Board’s (NLRB) makeover continues. On Nov. 8, Peter Robb became the board’s new general counsel when he was confirmed by the Senate. Robb’s addition to the NLRB is potentially great news for employers, as he likely brings a more business-friendly approach than his predecessor Richard Griffin. With Griffin at the helm, the NLRB significantly departed from long-established precedent favoring employers, such as its test for finding “joint employment.”   The…

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08 Nov 2017 Action! House Passes Legislation to Stave Off Broadening Definition of Joint Employment

  Congressional efforts to potentially undo the National Labor Relations Board’s (NLRB) Browning-Ferris decision took another step forward on Nov. 8. The House of Representatives passed legislation that would redefine “joint employer” under the National Labor Relations Act (NLRA) to only cover instances when two or more companies have direct control (as opposed to merely indirect or potential control) over a group of workers. In other words, if ultimately signed into law, the bill would…

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06 Oct 2017 Will Congress Act to Stave Off the Broadening Definition of Joint Employment?

  Congressional efforts to potentially undo the National Labor Relations Board’s (NLRB) Browning-Ferris decision took a step forward on Oct. 4. The House Committee on Education and the Workforce passed legislation that would redefine “joint employer” under the National Labor Relations Act (NLRA) to only cover instances when two or more companies have direct control (as opposed to merely indirect or potential control) over a group of workers. In other words, if ultimately signed into…

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15 May 2017 The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

  Since the National Labor Relations Board (NLRB) issued its now infamous Browning-Ferris decision in August 2015 that significantly altered its standard for evaluating “joint employment,” businesses – particularly those utilizing franchise models – have been concerned and confused about how broadly that standard is to be applied.  In Browning-Ferris,  the NLRB stated that it will no longer require that a company actually exercise control over a workforce’s terms and conditions of employment in order…

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