DOL Releases Guidance Defining Joint Employment

On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator’s Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs “when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.”  In keeping with this broad definition, the AI provides multifactor tests to assist with the identification of horizontal and vertical joint employment, its two most common forms. The AI also gives examples of several industries, including construction, in which joint employment is likely to arise (e.g., workers who work for a sub-contractor and possibly a general contractor). 

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NLRB Extends Ban on Captive-Audience Meetings Prior to Mail Ballot Elections

In its Jan. 29 decision in Guardsmark, LLC, the National Labor Relations Board (NLRB) extended its restriction on captive-audience meetings in the run up to a mail ballot union election by an additional 24 hours. Captive-audience meetings occur when an employer holds a group campaign meeting with employee voters during work hours to oppose union representation. The NLRB prohibits these meetings in the 24 hours leading up to the “scheduled time for conducting” a manual election; however, the NLRB had not imposed a similar preliminary ban in mail ballot elections until the Guardsmark decision.
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Take Action: Tell Congress to Support the “Protecting Local Business Opportunity Act”

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity. Read the rest of entry »

Legislation Introduced to Counteract “Joint Employer” Ruling

A group of lawmakers Sept. 9 introduced ABC-supported legislation to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case. Read the rest of entry »

NLRB Uproots Decades-Old Standards in Joint Employer Ruling

ABC released a statement in response to the National Labor Relations Board’s Aug. 27 ruling in the Browning-Ferris Industries of California case, which redefines who qualifies as a “joint employer” under the National Labor Relations Act. ABC has been a vocal opponent of these changes for potentially imposing unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry. Read the rest of entry »

Resolution to Stop Ambush Election Rule Passes U.S. Senate

A joint resolution to halt the National Labor Relations Board’s (NLRB) controversial ambush election rule passed the U.S. Senate March 4 by a vote of (53-46) after being introduced by Sen. Lamar Alexander (R-Tenn.), ABC supported the bill, and sent a letter to each Senator urging its passage and informing them that ABC would consider the vote as a key vote on its 114th Congressional Scorecard. Read the rest of entry »

Resolution to Halt Ambush Election Rule Introduced in Congress

A group of Congressmen Feb. 9 wrote a joint resolution Feb. 9 that would stop the implementation of the National Labor Relations Board (NLRB) ambush election rule. The resolution was introduced by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.), with the support of House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.). Sen. Alexander is chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions and Rep. Kline is chairman of the U.S. House of Representatives Committee on Education.
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Texas ABC Chapters File Lawsuit Challenging the NLRB’s “Ambush” Election Rule

ABC of Texas and the Central Texas Chapter of ABC filed a lawsuit Jan. 13 challenging the National Labor Relations Board’s (NLRB) ambush election final rule. The suit was filed jointly with the National Federation of Independent Business (NFIB) Texas in the U.S. District Court for the Western District of Texas. 
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Lawsuit Seeks to Overturn NLRB’s “Ambush” Election Rule

The Coalition for a Democratic Workplace (CDW) filed a lawsuit Jan. 5 seeking to overturn the National Labor Relations Board’s (NLRB) controversial ambush election rule. The changes are scheduled to take effect April 14 unless a court or Congress blocks enforcement of the new rule. The suit was filed in the D.C. Federal District Court and follows CDW’s successful 2012 lawsuit that overturned the NLRB’s previous ambush election rule. 
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NLRB Allows Use of Corporate Email Systems for Union Organizing

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 
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