Posts tagged Obama Era
Op-ed: This Labor Day marks 10 years of chaos for franchisees, contractors
September 1, 2025 // Franchises and contractors live in fear of the next anti-small-business administration, which is all but certain to shift the joint employer standard once again. But Congress can act now. The Save Local Business Act would codify the sensible standard in federal law.
Cornell University Graduate Student Files Federal Charges Seeking End to Union Boss Control Over Graduate Students
July 14, 2025 // Student case attacks Obama-era federal labor board ruling that exposed graduate students to union boss power
Higher Ed Unionization Boomed Under Biden. Will That Change Under Trump?
December 8, 2024 // That National Center for the Study of Collective Bargaining in Higher Education and the Professions study noted that the ranks of union-represented grad workers especially grew in the past few years, increasing by 64,000 between 2021 and 2023. That was nearly triple the uptick over the previous eight years. And, according to National Labor Relations Board data released in October, the number of new undergraduate student unions representing housing and dining facility workers outpaced grad worker teaching and research assistant union formation since April 2023. But Donald Trump’s election and Republicans’ recapture of control of Congress could cast a pall over higher ed labor’s progress—or even undo it.
NLRB withdraws 5th Circuit appeal of joint employer final rule injunction
July 19, 2024 // The Board said it would “like the opportunity to further consider the issues identified” in a district court’s injunction while citing other, ongoing legislation relevant to its rulemaking.
Opinion: Trump, Republicans Must Resist Dem-Funding Union Leadership’s Attempt To Con Them
July 3, 2024 // A new report from the Center for Union Facts, first reported by the Daily Caller News Foundation, shows that the Teamsters spent $9 million on politics between 2019 and 2022. Of that, a staggering 99% funded Democrat-aligned groups and anti-Trump media outlets. More than $2.6 million in Teamsters political donations went toward registered Democrats and Democratic campaign arms. The Teamsters also funded anti-Trump activist groups that plan to bury a second Trump presidency in litigation. Given that nearly all of the Teamsters political spending went to Democrats and far-left causes, it would be reasonable to assume that rank-and-file union members uniformly vote Democrat. That is not the case: In 2020, 40% of households with a union member voted for Trump.
OPINION: Bidenomics Labor Agenda on the Rise in Time for 2024 Election
February 6, 2024 // This means entrepreneurs will lose the ability to open their franchise stores like a McDonald’s or Meineke auto shop. It also means many small mom-and-pop businesses like plumbing, baking, accounting and cleaning can’t perform mutually beneficial services for other businesses without being slammed by costly new regulations, legal threats and even targeted unionization efforts — not to mention the loss of their American Dream to have an independent business in the first place. In other words, more than 750,000 franchises and even more small businesses serving as contractors and vendors are now under threat, as are tens of millions of workers. The similar 2015 Browning-Ferris joint employer rule was estimated to increase costs by more than $33 billion and lead to 376,000 lost jobs for franchises, meaning the new rule in 2024 will be even more costly. Next, on January 10, the Labor Department published a final independent contractor rule that modifies the subfactors used in Labor’s “economic realities” test to create as many roadblocks toward independent contractor careers as Labor can without legislation.
Reps. Foxx, Kiley to Su: Withdraw Proposed Overtime Rule
November 8, 2023 // Several other GOP lawmakers also signed onto the letter, including Glenn "GT" Thompson, Pennsylvania; Tim Walberg, Michigan: Elise Stefanik, New York; Rick Allen, Georgia; James Comer, Kentucky; Lloyd Smucker, Pennsylvania; Burgess Owens, Utah; Bob Good, Virginia; Mary Miller, Illinois: Michelle Steel, California; Julia Letlow, Louisiana; Aaron Bean, Florida; Eric Burlison, Missouri, and Erin Houchin, Indiana. "DOL under President Trump published a rule that responsibly updated the salary threshold and considered extensive stakeholder feedback before issuing the final rule," the letter states. "The same cannot be said about the rushed efforts of the current DOL to push through a rule which makes changes as extreme as they are unnecessary."
Franchisors may be more liable for employees under broadened joint employer rule
October 26, 2023 // The National Labor Relations Board just issued a final labor rule that broadens the joint employer rule to make companies jointly liable with their franchisees for labor terms and conditions such as union contracts, pay, scheduling, and more, reviving an Obama-era rule that was limited in scope during the Trump Administration. Moving forward, franchisors will likely need to become more involved in creating and enforcing workplace policies, something that previously was left mainly up to franchisees. According to the National Labor Relations Board, this is a legal course correction back to the way the joint employer rule originally worked. Related: Appeal of McDonald's joint employer settlement denied by Labor board “The Board’s new joint-employer standard reflects both a legally correct return to common-law principles and a practical approach to ensuring that the entities effectively exercising control over workers’ critical terms of employment respect their bargaining obligations under the NLRA,” NLRB chairman Lauren McFerran said in a statement. “While the final rule establishes a uniform joint-employer standard, the board will still conduct a fact-specific analysis on a case-by-case basis to determine whether two or more employers meet the standard.” Trade organizations and business groups have pushed back against the ruling, with the National Restaurant Association and Restaurant Law Center, stating that it will “create chaos and legal questions” across the industry, as restaurants with franchisees try to figure out how to change their operational policies to fit the new rule. Related: NLRB to rule on joint employer status by summer “Today’s final rule on joint employer is a heavy blow to small business restaurant operators,” Sean Kennedy, executive vice president for Public Affairs at the National Restaurant Association said in a statement, adding that almost one-third of the restaurant industry would be affected by this rule. “The rule upends employment policy, adopting a far-fetched definition of ‘employer’ based on ‘indirect or potential influence’ of an employee and then fails to define how ‘indirect control’ will count toward a joint employer relationship.” The previous rule, which was finalized by the Department of Labor under the Trump administration in Jan. 2020, adopted a four-part test for assessing whether a company is a joint employer of another company’s workers, like the franchisor-franchisee relationship. Previously, companies were given joint employer status if they exercised “direct and immediate control” over the key terms of another organization's employees, like a franchisee. Now, that definition has been expanded to companies jointly classified as "sharing or co-determining” employment terms (like pay, scheduling, workplace rules, etc.).
Why the Obama era ‘car czar’ thinks striking autoworkers risk overplaying their hand
October 3, 2023 // Because you have to put the whole thing in context. GM and Ford and Chrysler are doing quite well at the moment. They have cash, they have profits, they have the ability to pay them more, but they also have to compete against other companies. And in the South, you have companies like Toyota and Honda that don't have unions at all. In Mexico, you have workers making literally $9 or $10 a day and are very productive, according to what auto executives tell me. And so, if the Detroit companies have an excessively high burden of wage costs, or fringe benefit costs, then they can't compete. They lose car sales. Ultimately, the workers lose jobs and the jobs move to these other places.
Millions more workers would be entitled to overtime pay under a proposed Biden administration rule
August 30, 2023 // The proposed regulation, unveiled by the Department of Labor, would require employers to pay overtime to salaried workers who are in professional, administrative and professional roles but make less than $1,059 a week, or $55,068 a year for full-time employees. That salary threshold is up from $35,568 level that has been in place since 2019 when Trump administration raised it from $23,660, in a more modest increase than President Barack Obama’s earlier proposal.