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.
@Jonathan_HR_Law: Supreme Court strikes down Obama recess appointments
For the first time I can recall, the NLRB is being talked about as part of the election campaign. No NLRB case is talked about more than Boeing. In Boeing, the Company had a plant in Washington that had capacity. Rather than using that capacity for new work, Boeing decided to build a new plant in South Carolina and […]
On this Labor Day, it is tempting to rail against the NLRB. The reality is that, at the NLRB, every day is labor day. While employers have good reason to be concerned about the NLRB, employers cannot forget how important our employees are to our success. As the New York Times accurately noted yesterday, without […]