The law firm Jackson Lewis is out with its latest Labor Law Update on issues such as negligent union behavior, right-to-work laws and a possible strike at the AFL-CIO offices.
Among the developments are:
- The comment period for the new joint-employer rule has been extended to Dec. 13;
- NLRB has directed the field office staff to prosecute a broader range of cases against unions that engage in negligent behavior toward their members; and
- A new court ruling that municipalities cannot implement right-to-work laws.
The joint-employer rule change is especially important to franchise owners and those who use temp services, since under the current rules, they are considered joint employers. In other words, franchisees could be held partially responsible for the actions of the franchiser, and customers of temp agencies for the actions of the agencies themselves.
Under the board’s proposed rule, joint-employer status will be found only where two entities actually share or co-determine employees’ essential terms and conditions of employment.