Posts Tagged ‘National Labor Relations Board’

NLRB: we’re coming after franchisors and subcontractors

In a long-feared ruling, the Obama National Labor Relations Board has ruled that a company that employs subcontractors or engages in franchising can over a wide range of situations be deemed a “joint employer” for purposes of liability for labor law violations and obligation to bargain over wages and working conditions with subcontractors’ or franchisees’ work forces. The decision imperils many of the most successful business models on the American economic scene. I’ve got a write-up at Cato observing that the ruling is likely to wreak havoc with, among many other sector, Silicon Valley and sharing-economy launches and asking “One wonders whether many of the smart New Economy people who bought into the Obama administration’s promises really knew what they were buying.”

More coverage of the NLRB’s Browning-Ferris ruling: Reuters (quotes me on the not-bright prospects for Hill action); Seyfarth Shaw; Tim Devaney, The Hill; “Good week to change name of NLRB to National Labor Resuscitation Board.” [Jonathan Segal] And, from standpoints supportive of the ruling, Al-Jazeera and Prof. Catherine Fisk/On Labor.

P.S.: At the Weekly Standard, Andrew B. Wilson notes that Obama wage/hour czar David Weil doubles as a key ideologist of the kill-outsourcing crowd.

August 19 roundup

  • “Photos of Your Meal Could be Copyright Infringement in Germany” [Petapixel]
  • National Labor Relations Board opts to dodge a fight with college football [Daniel Fisher, Forbes]
  • Governor’s commission charged with recommending new redistricting system in Maryland includes possibly recognizable name [Washington Post, Southern Maryland Newspapers; thanks to Jen Fifield for nice profile at Frederick News-Post]
  • Trial bar’s assault on arbitration falls short: California Supreme Court won’t overturn auto dealers’ standard arbitration clause [Cal Biz Lit]
  • Ontario lawyer on trial after prosecutors say sting operation revealed willingness to draft false refugee application [Windsor Star, more]
  • “Vaping shops say FDA regulation could put them out of business” [L.A. Times, The Hill] Meanwhile: “e-cigarettes safer than smoking, says Public Health England” [Guardian]
  • I was honored to be a panelist last month in NYC at the 15th annual Michael R. Diehl Civil Rights Forum, sponsored by the law firm of Fried, Frank, alongside Prof. Marci Hamilton (Cardozo) and Rose Saxe (ACLU) discussing the intersection of religious accommodation and gay rights [Fried, Frank] Also related to that very current topic, the Southern California Law Review has a symposium on “Religious Accommodation in the Age of Civil Rights” [Paul Horwitz, PrawfsBlawg]

Here comes a NLRB move to unionize temps

The ever-busy-these-days National Labor Relations Board “invited interested parties to submit amicus briefs in Miller & Anderson, Inc. in connection with the Board’s reexamination of critical issues affecting the ability of unions to organize employees employed by temporary and staffing agencies (‘temporary employees’) in the same bargaining units as employees of an employer that supplements its direct workforce with temporary employees.” [Steven Swirsky/Epstein Becker & Green, Marc Jacobs/Seyfarth Shaw]

Labor roundup

Labor roundup

Labor and employment roundup

Labor and employment roundup

Higher education roundup

  • After collapse of Rolling Stone article on alleged University of Virginia gang rape, who might prevail in a libel suit against whom? [Volokh] Someone with much to answer for: UVa president Teresa Sullivan [Glenn Reynolds]
  • Much-discussed Judith Shulevitz piece on campus climate [New York Times] John McWhorter challenges the White Privilege 101 curriculum [The Daily Beast]
  • Ithaca College gets in the swing of the federal guidance with its own anonymous microaggression snitchline [Greg Lukianoff]
  • Lawyer for University of Rochester “Demands Yik Yak Take Down Posts, Turn Over User Info” [Tim Cushing, TechDirt]
  • Academic-purity group backed by Greenpeace and AFT urges activists to “expose and undermine” professors and campus research centers that work against “progressive values.” [Kim Strassel, WSJ; related earlier] (& welcome Instapundit readers)
  • NLRB decision in Pacific Lutheran University case could menace private colleges by herding more faculty into unions [Charles Baird, Pope Center]
  • University of Texas still covertly doing race preferences, and SCOTUS should step in, argues Cato brief [Ilya Shapiro] Related: “U. of Texas’ Chief Might Have Exposed Its Admissions Policy to New Supreme Court Challenge” [Chronicle of Higher Education] University of Texas and legislature “Just Keep Digging That Wallace Hall Hole Deeper for Themselves” [Dallas Observer]

Labor roundup