WORKERS JUST NOTCHED A RARE WIN IN FEDERAL COURT

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    • #8355
      Charles
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      • Total Posts: 1,602

       

      When I see union and worker related news I always think of The Wizard. Hope you are enjoying the tourney Steve!

       

      By Rachel M. Cohen  – January 3 2019

      IN A MAJOR win for labor advocates, a federal court issued a long-awaited ruling last week finding that corporations could be held responsible for issues like wage discrimination or illegal job termination, even if the employees were subcontractors or working at a franchised company. The U.S. Court of Appeals for the D.C Circuit determined that a business could be considered a so-called joint-employer if it exercised a certain level of “indirect control” over employees’ working conditions, or if it reserved the authority to do so down the line. The question of who counts as a joint-employer has been integral to movements like Fight for 15, which aims to organize fast-food workers who toil away in franchised businesses.

      In its decision, the D.C appellate court affirmed one of the most significant and disputed labor rulings of the Obama administration. In 2015, the National Labor Relations Board ruled that companies and franchisers with both “indirect and direct control” of employees could be held liable for labor violations committed by contractors or franchisees. The line between direct and indirect control is somewhat murky, and precisely defining it has been a matter of fierce debate, but ultimately it concerns how much authority a company has over the “essential terms and conditions of employment.” Prior to this, only employers with “direct control” could be held responsible, a standard that effectively exempted businesses that hired workers through intermediaries from most labor law. “With more than 2.87 million of the nation’s workers employed through temporary agencies in August 2014, the Board held that its previous joint employer standard has failed to keep pace with changes in the workplace and economic circumstances,” the NLRB said at the time….

      Read more:

      https://theintercept.com/2019/01/03/nlrb-joint-employer-ruling/

      Bernie: "Not Me. Us"

    • #8541
      The Wizard of OS
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    • #11414
      Cold Mountain Trail
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