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Joint Employer NPRM: Hy-Brand Returns

Published September 17th, 2018 -

Today, the National Labor Relations Board issued a proposed rule to change its joint employer standard.  The proposed rule is the latest step in the Trump Board’s tortuous path to achieving its goal of replacing the Obama Boa... More »

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Board Vacates Hy-Brand, Raising More Questions

Published February 27th, 2018 -

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspector General that Member Bill Emanuel should have recused himself from participation in the case.  The Board noted in its press release that ... More »

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The NLRB Should Withdraw Hy-Brand . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for action goes far enough. The Board should not only take Ben’s advice to invalidate the Hy-Brand decision, but should rethink the process it u... More »

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The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018 -

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the definition of joint employer.  The essence of the IG’s report is that “the manner in which the former Chairman marshaled Hy-Brand thr... More »

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Daily News & Commentary — November 12, 2018

Published November 12th, 2018 -

After winning back the House of Representatives in last Tuesday’s election, House Democrats plan to grill President Trump’s Department of Labor about its policies regarding tipped workers.  In December, the DOL proposed a rule allowing employers who pay tipped workers the minimum wage to take their workers’ tips.  According to the Economic Policy Institute, such a policy change would cost tipped w... More »

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Today’s News & Commentary — September 26, 2018

Published September 26th, 2018 -

California Governor Jerry Brown just signed a new law holding retail companies jointly liable for labor violations suffered by truckers who are directly managed by port trucking providers. The legislation follows growing awareness of rampant labor abuse in trucking. Last year, a USA Today investigative series documented how big box retailers like Target and Costco contract with port trucking provi... More »

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Today’s News & Commentary — July 5, 2018

Published July 5th, 2018 -

This week, attorneys for Browning-Ferris Industries and the Teamsters union argued before a D.C. Circuit panel over whether the panel should continue to review the NLRB’s 2015 decision in Browning-Ferris.  In that case, the Board adopted a loosened “indirect control” standard for joint employer status to determine that Browning-Ferris was the joint employer of workers from a staffing agency.  Cons... More »

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Today’s News & Commentary — June 29, 2018

Published June 29th, 2018 -

In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich  franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants.  Jimmy John’s may control mayonnaise dispensing techniques and proper fridge organization for each restaurant, but this type of control over employee tasks does not signal co... More »