NLRB rules against business in pivotal joint employer decision

[flowers]

http://thehill.com/regulation/labor/252124-obama-administration-issues-controversial-labor-ruling

The Obama administration is redefining what it means to be an employer.

The National Labor Relations Board on Thursday handed down one of the biggest labor decisions of the Obama administration, ruling that a company is equally responsible for labor violations committed by its contractor.

ADVERTISEMENT
At issue is whether garbage company Browning-Ferris is responsible for the treatment of its contractor’s employees. The Houston-based waste-disposal company hired Leadpoint Business Services to staff a recycling facility in California.

The labor board determined Browning-Ferris should be considered a joint employer with the Phoenix-based staffing agency. As a result, the company could be pulled into collective bargaining negotiations with those employees and held liable for any labor violations committed against them.

This is a sharp departure from previous labor laws that help companies be responsible only for employees over whom they have direct control by setting their hours, wages, or job responsibilities. They could get around the requirement by hiring staffing agencies and subcontractors that deal more closely with the workers.

But the National Labor Relations Board charted a new course Thursday. A regional director initially ruled in favor of Browning-Ferris, but the Teamsters union, which represents the worker

[Oceander]

The NLRB is another out-of-control agency that needs to be dismantled and its regulations and rulings voided.

[flowers]

The NLRB is another out-of-control agency that needs to be dismantled and its regulations and rulings voided.

Yep!

[Bigun]

The NLRB is another out-of-control agency that needs to be dismantled and its regulations and rulings voided.

EVERYTHING in the federal government has been politicized under this administration.

[EdinVA]

The problem is that most companies that use subs do not comply with the law.
A subcontractor is given a "project" to accomplish with specifications, budget and deadline but day to day work direction is not to be provided by the prime contractor.
Where the line has always been crossed is the prime is giving the sub day to day work direction, a desk and support so they are not really subcontractors at all.
I do not know the specifics in this case but it has been my experience that both the IRS and NLRP will bring the sky down on the head of any prime that cannot demonstrate and clear separation from prime staff and subcontractor staff.