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…

The key issue that could arise out of the Miller & Anderson ruling isn’t necessarily its effect on collective bargaining or union organizing efforts, but rather on how any eventual collective bargaining agreements are used. What’s to stop a union from using a CBA as evidence that employers are joint employers? According to one article…

NLRB Tightens its Joint Employer Standard In 1984 the NLRB issued a decision known as TLI, Inc. that set the standard of when it would find two or more companies to be joint employers. There, joint-employment would only be found when both entities actually exercised direct or immediate control over the employment of the same workers.…

After years of outsourcing technical services jobs, CNN ended its contract with the supplying temp agency Team Video Services (TVS) and took those jobs in-house in 2003. The contract between CNN and TVS stated that TVS employees “are not employees of CNN and shall not be so treated at any time by either TVS or…

The first – though not last – time this happened was in June, and I’m just now getting around to blogging about it. No excuse. The National Labor Relations Board decided that workers supplied by a temporary staffing agency to clients on a short-term project basis were employees of the staffing firm and constituted a…

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…