OnLabor

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Author:Kate Griffith

Kate Griffith is the Mckelvey-Grant Professor at the Cornell ILR School.

Rebooting Joint-Employer with Presumptions — A Modest Proposal

Jul 7, 2022 Sachin S. Pandya, Kate Griffith and Andrew Elmore

Coming soon: The return of the fight over joint-employer doctrine. Earlier this year, the National Labor Relations Board announced that it plans to amend the current joint-employer rule that a Trump-era NLRB adopted to supplant a broader legal standard. Good. NLRA joint-employer doctrine needs a serious reboot. Here, we offer an idea: Add industry-specific rebuttable […]

Moving Beyond App Drivers: Exotic Dancers, a Gig Worker Success Story

Oct 5, 2020 Kate Griffith and Emma LoMastro

The U.S. Department of Labor’s proposed rule to expand the number of workers who businesses can classify as independent contractors represents the agency’s latest attempt to reduce company accountability for employment conditions. The rule further fuels the ongoing debate about the exemption of employment protections for “independent contractors.” When it comes to the independent contractor […]

Why the DOL Should Keep its Hands Off of Worker Centers

Nov 26, 2019 Kate Griffith and Leslie Gates

Recently Bloomberg reported that the Office of Labor Management Standards of the U.S. Department of Labor (the DOL) has reason to believe that the Centro de Trabajadores Unidos en La Lucha (CTUL) is a “labor organization” under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA). The investigation is ongoing, but if the DOL’s […]

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased

Apr 17, 2019 Kate Griffith

On April 1, 2019, the U.S. DOL proposed a new interpretation of joint employer liability under the Fair Labor Standards Act (FLSA). DOL’s four-factor test focuses exclusively on whether an entity “actually exercises the power to” hire and fire, supervise and control working conditions, determine rates and methods of payment and maintain employment records. This […]

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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Rebooting Joint-Employer with Presumptions — A Modest Proposal

Moving Beyond App Drivers: Exotic Dancers, a Gig Worker Success Story

Why the DOL Should Keep its Hands Off of Worker Centers

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased