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Court demands rewrite of Obama-era 'joint employer' rule....(winning)
washingtonexaminer ^ | 12/28/2018 | Sean Higgins

Posted on 12/31/2018, 6:31:13 PM by caww

The D.C. Court of Appeals handed business groups a win Friday by ruling that a federal labor agency overreached during the Obama administration when it vastly expanded corporate legal liability under a doctrine known as "joint employer," which made franchisors potentially liable for the actions of their franchisees.

The court said the agency had to rewrite the rule and narrow its scope. Reversing the doctrine has been a major goal of the business community.

The court, in a 2-1 ruling, said that the then-Democrat-led National Labor Relations Board, the main federal labor law enforcement agency, overreached when it ruled in a 2015 case called Browning Ferris that a business could be held liable for workplace violations at another business if it had "indirect control" over the other business' workforce. The court said that standard was far too vague and directed the NLRB to specify the circumstances when the doctrine applied.

(Excerpt) Read more at washingtonexaminer.com ...


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1 posted on 12/31/2018, 6:31:13 PM by caww
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To: caww

Link

https://www.washingtonexaminer.com/policy/economy/court-demands-rewrite-of-obama-era-joint-employer-rule


2 posted on 12/31/2018, 6:31:45 PM by caww
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To: caww

Good.


3 posted on 12/31/2018, 6:52:57 PM by lastchance (Credo.)
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To: lastchance

Excellent. I was in a recent meeting where general contractors were trying to figure out how to deal with this concerning subcontractors


4 posted on 12/31/2018, 8:49:57 PM by cyclotic ( Democrats must be politically eviscerated, disemboweled and demolished.)
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To: caww

That entire concept is inane....where do hey come up with this tripe????


5 posted on 12/31/2018, 9:53:53 PM by terycarl
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To: caww

And of course, the government is NEVER liable for any of its policies.


6 posted on 12/31/2018, 10:00:44 PM by fruser1
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To: cyclotic

I had not thought of that aspect of it, but yeah if it was interpreted to include subs that would be a nightmare for GCs.


7 posted on 12/31/2018, 10:42:24 PM by lastchance (Credo.)
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To: terycarl

They put their searchlights out for deep pockets and cast a beam upon “Evil Corporations.”


8 posted on 12/31/2018, 10:44:40 PM by lastchance (Credo.)
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