Commentary on the NLRB’s Columbia University Decision
In August, the Labor Board reversed thirty years of precedent in its Browning-Ferris decision. It is poised to do it again. This time the precedent dates back to 1973.
In Browning-Ferris, the Board expanded the joint employer test from whether the host employer exercises direct control over agency employees to include whether the host employer exercises indirect control (e.g., host employer supervisors tell agency supervisors what their employees should do) and/or have possible control (e.g., the contract with the agency retains direct or indirect control over agency employee wage/hour costs).
Just in case you have not noticed, the Labor Board has created a popular, new protected class – workplace complainers. Complainers may be a cancer in your workforce, but for the very reason they are a cancer, they are protected by the National Labor Relations Act.
Admittedly, HTH Corp, operator of the Pacific Beach Hotel in Honolulu, is a recidivist when it comes to unfair labor practices. In the past decade, the Board has cited it for discharging an employee for union activity, maintaining an overly broad solicitation policy, bad faith bargaining, unilateral implementation of wage and benefit increases and multiple instances […]
Judge David Norton of the federal district court in South Carolina in a case brought by the South Carolina Chamber of Commerce on Friday, April 13, held that the rule announced by the NLRB in September of last year that employers must post a Notice of Employee Rights under the National Labor Relations Act exceeded the Board’s statutory authority and is, therefore, unlawful.
Governor Jerry Brown assured California’s position as one of the most regulated states for employers by signing 22 new employment laws earlier this month. Most of the laws will take effect on January 1, 2012. Some of the more significant of these new laws: · Require that all new hires must be given a statement […]