Posts tagged Joint Employer
I4AW submits regulatory comments; shows support for worker freedom and flexibility
December 13, 2022 // The Department of Labor (DOL) and the National Labor Relations Board (NLRB) are doubling down on overreaching tactics that could have job-killing consequences for independent workers and franchise businesses.
NLRB’S RADICAL JOINT EMPLOYER STANDARD WILL DESTROY SMALL BUSINESS AND THE AMERICAN DREAM
October 11, 2022 // The NLRB is pursuing a new joint employer rulemaking that has the potential to destroy small businesses, the American Dream, and the economy. Under this expanded standard, nearly every contractual relationship between businesses will trigger joint employer status, making businesses responsible and liable for the employment practices of their franchisees, suppliers, vendors, contractors, and subcontractors. Under this new rule, businesses will be forced to protect themselves against significantly more liability and obligations under the law. The franchise business model, for example, would be gutted, as the larger franchisor will move to end or limit their support to franchisees or exert increased authority over them, essentially turning those small business owners into employees. The new standard would also force larger companies to subsume local small businesses rather than work with individually owned enterprises, stifling entrepreneurship, business innovation, and flexibility. The expanded standard even hampers businesses’ efforts to encourage “corporate responsibility” among their business partners to the detriment of workers, consumers, and their communities.
What expanding the “joint employer” rule will mean for unions
September 8, 2022 // That’s changing now that Democrats are in the White House, and Democratic appointees control the Labor Department and National Labor Relations Board. For instance, the NLRB has just proposed a new labor-friendly rule on “joint-employer” status intended to reverse a Trump-era rule that was more friendly to employers. The NLRB’s new proposed joint-employer rule will make it easier for employees who work for a contractor, staffing or temp agency, or franchise, to drag the big companies higher up the employment chain into labor disputes.
PRO ACT WOULD CAUSE MORE SUPPLY CHAIN, WORKFORCE CHAOS
July 6, 2022 // The problem with the President’s position on the PRO Act is that it cuts completely against his mission to ensure supply chain resilience. Specifically, the PRO Act would allow for secondary activity including picketing, strikes, and boycotts directed at neutral third parties that are not involved in a labor dispute. For example, the Teamsters could picket and block shipments to a retail warehouse because they want to organize a trucking company. Allowing secondary activity aimed at a neutral retailer would cause significant economic impact throughout the supply chain where multiple businesses including retailers, suppliers and distributors work together to get goods to consumers. ILWU, PMA
U.S. labor board eyeing changes to Trump-era union election rules
June 23, 2022 // Proposed election rules could come as soon as September Trump-era rules seen as harming unions Agency also eyeing expanded rights for contract, franchise workers A set of rules adopted by the board in 2020 changed certain deadlines and other procedural requirements, with the effect of drawing out elections for additional days or weeks. A longer election process is typically seen as a disadvantage to unions.
The Employee Rights Act Puts American Workers, Not Union Bosses, in the Driver’s Seat
April 13, 2022 // The Employee Rights Act contains several other provisions to protect workers from union intimidation. The bill criminalizes union threats in the workplace and bans unions from using personal employee data for anything unrelated to campaigns, taking Big Labor’s most aggressive and unethical tactics off the table. The bill also prohibits union “salting,” a tactic where a union pays an individual to apply for a job within a company that has not yet been unionized. Instead of becoming a productive employee, the “salt” is there to organize a union and be Big Labor’s mole on the inside.
Labor Relations Radio, Ep 13—Guest: Michael Layman of the International Franchise Association
April 1, 2022 // Michael Layman of the International Franchise Association From the ‘ABC Test’ to ‘Joint Employer,’ the franchise business model is under assault on multiple fronts, with millions of jobs at stake.
BACKGROUNDER: Employee Rights Act
March 26, 2022 // The Employee Rights (ERA) Act was introduced this week by Sen. Tim Scott (R-SC). The legislation allows employees to receive merit-based pay raises outside of the wage scales set by their union’s collective bargaining agreement, guarantees the right to a secret ballot in union elections, provides new privacy protections, allows workers to decertify a union more easily, provides legal clarity for small business owners and gig workers, and more.