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Tag:Browning-Ferris

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 […]

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 […]

January 2, 2019
News & Commentary

Sejal Singh

Happy New Year! OnLabor’s daily News & Commentary posts return today. Here are the biggest updates in labor news from the holidays. Minimum wages rose in 20 states yesterday, raising wages for 5.3 million workers nationwide. According to the Economic Policy Institute, workers will see about $5.4 billion in increased wages due to rising minimum […]

December 20, 2018
News & Commentary

Jared Odessky

As the NLRB continues its comment period for a proposed rule to codify a more restrictive standard for joint employer status, NLRB General Counsel Peter Robb has voiced his view that the rule does not go far enough in insulating lead employers from labor law liability. In comments made yesterday, Robb said that a joint […]

November 12, 2018
News & Commentary

Rachel Sandalow-Ash

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 […]

July 5, 2018
News & Commentary

Jared Odessky

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 […]

The NLRB’s Misguided (or Phony) Quest for Certainty on Joint Employers

Jun 14, 2018 Andrew Strom

NLRB Chairman John Ring recently wrote a letter to Senators Warren, Gillibrand, and Sanders defending the Board’s decision to move forward with rule-making to modify its joint employer standard. In his letter, Ring repeats what has become something of a mantra for Republicans and the business lobby regarding the Board’s decision in Browning-Ferris Industries of […]

June 7, 2018
News & Commentary

Jared Odessky

A new survey by the Pew Research Center finds that over half of Americans view the decline in labor union density negatively, while just over a third see the traditional labor movement’s shrinking membership in a positive light. The results reflect a partisan divide: 53 percent of Republicans and Republican-leaning independents think the decline of […]

May 10, 2018
News & Commentary

Jared Odessky

Yesterday Senator Bernie Sanders and Representative Mark Pocan introduced a revamped Workplace Democracy Act (WDA), a bill that builds on past efforts at labor law reform such as the Employee Free Choice Act (EFCA) and previous iterations of the WDA. Like EFCA, the WDA would make majority sign-up or “card check” an option available to […]

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

December 13, 2019

September 17, 2019

January 2, 2019

December 20, 2018

November 12, 2018

July 5, 2018

The NLRB’s Misguided (or Phony) Quest for Certainty on Joint Employers

June 7, 2018

May 10, 2018