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Joint Employer NPRM: Hy-Brand Returns

Sep 17, 2018 Sharon Block

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 Board’s Browning Ferris Industries decision with a significantly narrower interpretation of joint employer doctrine. Background: In 2015, the […]

Board Vacates Hy-Brand, Raising More Questions

Feb 27, 2018 Sharon Block

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 […]

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

Feb 22, 2018 Sharon Block

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 […]

The NLRB Should Withdraw Hy-Brand

Feb 21, 2018 Benjamin Sachs

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 through the Board’s deliberative process effectively […]

The NLRB’s Final Joint-Employer Rule Moves Labor Law Backwards

Feb 25, 2020 Jared Odessky

Tomorrow the National Labor Relations Board (NLRB) will formally publish a final rule codifying an employer-friendly test for determining whether an employer can escape liability for labor law violations by franchising and contracting out its operations. Under the new standard, a business can only be considered a “joint employer” under the National Labor Relations Act […]

December 13, 2019
News & Commentary

Ryan Gorman

Yesterday, the National Labor Relations Board (NLRB) directed an Administrative Law Judge to approve a series of proposed settlement agreements proffered by McDonald’s in a long-running dispute over unfair labor practices committed by its franchisees—a dispute that centers on the degree to which the company can be held accountable for those violations as a “joint […]

November 5, 2019
News & Commentary

Vail Kohnert-Yount

After McDonald’s fired its CEO Steve Easterbrook for a relationship with an employee that violated corporate policy, its top human resources officer, David Fairhurst, has also departed as the fast-food giant faces renewed scrutiny of its record on sexual harassment in its workplaces. It’s unclear if Fairhurst’s departure is related to Easterbrook’s, who received severance […]

September 17, 2019
News & Commentary

Ryan Gorman

ProPublica reported yesterday about a potential conflict of interest facing the National Labor Relations Board (NLRB) as they seek to revise the so-called “joint-employer rule” through agency rulemaking procedures. Last week, two Democrats on the House Committee on Education and Labor sent a letter to Board Chairman John Ring expressing concerns over a contract the […]

March 15, 2019
News & Commentary

Sejal Singh

Workplace deaths hit a 10-year high in 2018, with over 5,000 workers were killed on the job. But, according to a disturbing new report by the National Employment Law Project, OSHA investigations have fallen steadily during the Trump Administration — even as three million workers suffered serious workplace injuries last year. From 2016 to 2018, […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Joint Employer NPRM: Hy-Brand Returns

Board Vacates Hy-Brand, Raising More Questions

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

The NLRB Should Withdraw Hy-Brand

The NLRB’s Final Joint-Employer Rule Moves Labor Law Backwards

December 13, 2019

November 5, 2019

September 17, 2019

March 15, 2019

January 2, 2019