While enactment remains far off, Congress has taken a significant step toward overturning the NLRB’s Browning-Ferris decision with this new bill.
The recent defeat of a bill in Virginia demonstrates the challenges employers face if state laws do not clarify the question of when and how joint-employer status will be established in franchise operations.
As the concept of joint employment continues to evolve at the federal level, employers must fully consider direct, indirect and potential control.
The U.S. Department of Labor’s Wage & Hour Division (WHD) released new guidelines in early 2016 that further expand the definitions of both vertical and horizontal joint employment.
A recent dispute in New York City demonstrates that employers must think carefully about the potentially unintended consequences of their workforce management decisions. A routine choice to subcontract support services can quickly become a complicated fight over work rules, fair wages and union representation, given conditions such as those experienced by WeWork, a fast-growing startup.
A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is unlike any that has come before it, as the founders of global coworking company WeWork recently discovered. (more…) ...
The National Labor Relations Board’s (NLRB) recent ruling in Browning-Ferris Industries of California, et al., Case 32-RC-1009684 (August 27, 2015), has raised concerns among employers for its apparent shift in position regarding the standard for assessing joint employer status under the National Labor Relations Act (NLRA). (more…) ...