Browning Ferris: The Short-Lived Tasmanian Devil has Died

The National Labor Relations Board (NLRB) overruled Browning-Ferris Industries and returned to the pre-BFI standard that governed joint employer liability. The BFI decision set forth a broad definition of “joint employer” imposing liability and requiring bargaining in situations where a business posses only potential and indirect control over the employees in question. The BFI test…
Read More

Trump’s NLRB GC will Protect Right to Refrain from Joining Unions

Peter Robb, President Trump’s pick as the next general counsel for the National Labor Relations Board, told a Senate panel that he would uphold the “core values” of federal labor law. He said that would include the right to “refrain” from union activity. Robb’s statement indicates he would make it a priority for the Board…
Read More

NLRB Enforces Subpoena about Alleged Joint Employer Relationship with Nothing More than Mere Allegation of Joint Employer Status.

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. You read that right. The two pro-labor NLRB Board Members enforced the subpoenas despite the union’s failure to articulate any facts…
Read More

Unions Continue to Convince Themselves They’re Better Off Long Term with Trump in the White House

Maybe a profoundly anti-worker Trump administration is just what American labor needs – a galvanizing force, and a defined target – is the thought process coming from many in the labor movement today. They then start to list the many areas of labor law that changed under President Obama and that are ripe for changing…
Read More

Campaigning to Congress to Reverse NLRB Joint Employer Ruling Started

More than 50 businesses and trade groups are asking Congress to pass legislation to repeal the National Labor Board’s new joint employer standard. As a reminder, in August 2015, the NLRB ruled that “indirect” and “potential” control over workers’ terms and conditions makes a company a joint employer. This rule change exposed a broad range…
Read More

The Anticipated Trump Effect on Labor Law in the Staffing Industry

In 2016 the National Labor Relations Board maintained its generally pro-union, anti-employer stance in ways that affect both unionized and non-unionized employers. The Board currently has two openings, which, once President Trump fills, will result in a pro-business NLRB. However, due to the Board’s rules, employers might not see immediate improvement. After all it wasn’t…
Read More