NLRB Forces CNN to Rehire and Pay Back Wages to 100 Union Workers Who were Terminated 10 Years Ago

In 2003, CNN terminated its relationship with its unionized subcontractor Team Video Services, LLC (TVS). TVS  provided CNN with camera crews and other technicians. CNN then created new, non-union positions to replace the TVS workers and hired about 2/3 of TVS’s employees for those positions. The NLRB did not believe CNN’s argument that it terminated…
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NLRB Seeks to Rewrite Legal Standard to More Easily Find Joint Employer Relationships

Consistent with the Board’s recent rulings, the NLRB General Counsel wants to overturn decades of legal precedent. The latest target is expanding the joint employer standard in an effort to increase unionization rates among employees. The GC urged the Board to adopt a new standard that would result in finding a joint employer relationship “under…
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New Joint Employer Standard for Union Organizing Likely on the Horizon

In its continued effort to increase unionization rates, the NLRB will likely lessen the standard for finding companies are joint-employers, resulting in a myriad of results for both companies. Currently, employers that are legally separate but both exercise a significant degree of control over the same employees’ essential terms and conditions of employment may be…
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Staffing Agencies and Secondary Employer Jointly Liable for FMLA Reinstatement

Yesterday we discussed how staffing agencies and companies that use staffing agencies can be sued as joint employers. Today I read about another lawsuit that alleged a joint employer concept in the staffing industry. Perhaps now is a good time to give a shout out to Tom Erb, owner of the staffing company consulting group…
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Do You Know When Staffing Agencies And Companies That Use Staffing Agencies Can Both Be Sued As Joint Employers By Employees?

Companies are not insulated from defending employment discrimination claims just because the worker is technically employed by a staffing agency. In Hexmer v. General Electric Company, the plaintiff had been working as a project consultant for a staffing agency. She was assigned to a GE facility and was responsible for updating GE power plant manuals,…
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The AFL-CIO group of unions allege that the United States Chamber of Commerce, the International Franchise Association (IFA), and more than a dozen other business groups secretly had “extensive input” on the NLRB’s proposal to change its legal standard for joint employer liability for labor law violations. The Labor Federation said in a December 7 filing…
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