Posts tagged Joint Employer

    Commentary: Trump’s labor agencies get to work for independent workers

    March 12, 2026 // Calming fears that appointing a pro-union Labor Secretary meant the Trump administration would side with Big Labor rather than American workers and businesses, the Department of Labor and National Labor Relations Board are taking steps to protect independent workers and business relationships outside Big Labor’s orbit.

    Pro-Worker or Pro-Union? Why Choice—not Coercion—Is the Future of Labor Policy, Disunion: The Government Union Report; Commonwealth Foundation

    December 18, 2025 // This week on Disunion, host David Osborne is joined by Austen Bannan of Americans for Prosperity and Vincent Vernuccio, president of the Institute for the American Worker, to break down a sweeping new report: How to Empower Workers: Embracing a Pro-Worker Agenda Built on Choice. With Congress rolling out a flurry of labor bills—from right-to-work reforms and secret ballot protections to proposals backed by unions and even some Republicans—this episode cuts through the noise. The panel explains why many so-called “pro-worker” policies actually empower union bosses and government regulators, not workers themselves.

    Likely 1st AB5 trucking enforcement action in California snags 3 companies

    November 18, 2025 // The combination of penalties assessed plus interest totals $868,127.76. Of that, about $663,000 is expected to be paid to employees. California’s action is not a settlement with the three companies. Sources said the three are expected to appeal and the LCO spokeswoman said the case remains “in litigation.” According to state documents, the appeals process is not in state or federal courts, though presumably an unhappy company could turn to those venues at some points. Rather, they are with the state’s Labor Commissioner.

    Uniting Behind the American Franchise Act: A Bipartisan Effort to Clarify the Joint Employer Standard

    October 10, 2025 // Seven Republican and seven Democratic Congressional members introduced the bipartisan act and limited its application to future proceedings only, preventing retroactive implications. If approved, the American Franchise Act only applies to joint employer matters regarding franchising; it is not a universal modification to all employer relationships.

    Amazon Teamsters Face New Challenges in NYC

    September 10, 2025 // “The Cemex decision does two key things: one, institutes a new modified…doctrine that facilitates card check recognition; and two, lowers the threshold for when the Board will issue a bargaining order without holding an election,,” the law firm said in the post. The Teamsters spokesman said the union has had successful card check actions at more than 20 DSPs But in February, NLRB Acting General Counsel William B. Cowen issued a memo withdrawing earlier guidance on several earlier legal opinions, including the Cemex decision. That would seem to shut off the NLRB–which currently does not have a quorum but is awaiting Senate confirmation of two White House nominees–from approving a card check filing as a means to gain union recognition by Amazon or any employer…unless a full Republican-majority NLRB rules Amazon is a joint employer with the DSPs.

    DOL once again set to tackle joint employer, independent contractor regulations

    August 20, 2025 // Meanwhile, DOL in May told the 5th U.S. Circuit Court of Appeals that it would no longer defend the last administration’s rule allowing retirement plan fiduciaries to consider environmental, social and governance, or ESG, factors when making investment decisions from a lawsuit filed by several Republican-led states. In another shift, DOL in June said it would begin issuing opinion letters through five of its subagencies. The agency’s new regime published the first such letter in May on the subject of the independent contractor classification status for virtual marketplace company workers. The letter reinstated a stance DOL previously articulated in a 2019 letter that had been rescinded during the Biden administration.

    Comer introduces bill to help small business owners

    July 19, 2025 // Kentucky First District Congressman James Comer, R-Tompkinsville, has introduced the Save Local Business Act, which clarifies the joint employer standard to provide certainty for small business owners and workers across the country. Comer notes that in recent years, small businesses have suffered under unelected bureaucrats at the National Labor Relations Board (NLRB) who have dramatically expanded the definition of “joint employer” and implemented burdensome regulations for small businesses. “Congress must promote policies that empower small businesses and free them from stifling regulations pushed by an unchecked and unelected federal bureaucracy,”

    Federal and State Leaders Take Aim at Empowering America’s Flexible Workforce

    July 16, 2025 // However, while federal leaders build support for national reforms to help workers all across America, states are not sitting idle. They know that not only do self-employed workers support greater access to portable benefits, but their residents in general think this warrants policy reforms as well. Instead, many are forging ahead with legal pathways for flexible, portable benefits, maximizing what they can do at the state level in ways that will be further enhanced by federal reforms when they occur. Many states introduced legislation this year to legalize voluntary benefits, but several pioneering states now have laws enacted.