Posts tagged Joint Employer
Biden’s Labor Department moves to raise taxes on the American workforce
November 1, 2022 // The Labor Department’s proposed rule would force Americans who don’t want a boss to have a boss. Under current law, independent contractors perform a task or execute a project and present the result to an individual or business for payment. Unlike traditional employees, independent contractors have the freedom to set their own schedules, determine their workload, and can put food on the table without needing a boss. Labor’s new proposed rule would force independent contractors to reclassify as W-2 employees if the worker is “economically dependent” on the entity that is paying him or her.
A fearful October for entrepreneurs
October 29, 2022 // The National Labor Relations Board (NLRB) is coming after the almost 800,000 franchise owners who employ 8.5 million people. The board’s proposed “Joint Employer” rule, would have catastrophic effects on the franchise industry and restrict the opportunities of small business owners who are franchisees. The NLRB rule would force franchisors — distant corporate headquarters — to come between franchisees and their employees. It would do so by making both the headquarters and the small business employers of workers at the franchisees’ store. Franchisors would become jointly liable for employment issues involving workers or contractors who are employed or “directly controlled” (as the current standard notes) by a small business.
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.
Employee Rights Act Would Protect Hardworking Latinos & Expand Freedom for All American Workers
May 9, 2022 // The LIBRE Initiative supports the ERA and its efforts at protecting American workers from anti-choice legislation like the PRO Act and ensuring that they have the flexibility to succeed in today’s rapidly evolving economy.
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.