It is ugly and it is involved. So here goes…. In 2015, wanting to…
It is ugly and it is involved. So here goes….
In 2015, wanting to unionize workers in such industries as 3PL and fast food, the National Labor Relations Board (NLRB) overturned 30 years of law to declare that businesses are responsible for their contractors employees.
In 2017, this was overturned.
Sen. Elizabeth Warren asked that the overturn be itself overturned because one of the NLRB commissioner’s law firms had worked for the plaintiff, although he had not personally had any contact with them. Federal guidelines say this is not a conflict.
In 2019-2020, the NLRB put new rules in place that require the joint employer to have “direct and immediate control” over the contractor.
In 2021, a union – the SEIU wants to overturn the rules and, by coincidence, 2 of the latest administration appointees that will decide the case for the NLRB were on the payroll of the SEIU. Neither has recused him or herself. Their position – they worked at the local union level and the national union was appellant. As the Wall Street Journal asks, “Where is Sen. Warren now?”
The Joint employer rule needs to be reasonable and moderated otherwise it is going to be very expensive for a number of companies.