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Showing posts with the label balancing

Big Moves for NLRB Mean Big Shifts for All Employers

My colleague, Jarad Lucan, returns today with a very special post on a ground-breaking week at the NLRB.  For Connecticut employers, the decisions change a lot of what has been going on at the NLRB for the last several years.   Back in January of 2013, I wrote an article for the Connecticut Law Tribune entitled “For the NLRB, a December to Remember,” which you can read here if you are interested . In that article, I discussed a slew of Obama Administration Labor Board decisions that were handed down in December of 2012 and that construed labor law in a way favorable to employees and unions. Based on decisions last week from the new Trump Administration Labor Board (issued just before Chairman Philip Miscimarra’s term expired), this December has proven to be another memorable one;  this time, however, employers that are the beneficiaries. In a decision involving The Boeing Company and its no-camera rule that prohibited employees from using camera ena...

New Joint Employer Rules Adopted by USDOL; Connecticut Employers Should Tread Carefully

The United States Department of Labor today released new regulations that dramatically change the existing rules on when two businesses are “joint employers” under federal wage and hour laws. I’ve previously discussed the changing rules in some prior posts here and here, so you should catch up there first if this is the first time you’re hearing about it. The new rules impact so-called “horizontal” and “vertical” joint employment situations, although the DOL has changed the use of the terminology a bit. In the horizontal situation, as now outlined by the USDOL rule, the employee has an employer but another person simultaneously benefits from that work. The other person is the employee’s joint employer “only if that person is acting directly or indirectly in the interest of the employer in relation to the employee. How do you know? The USDOL has set forth four factors on whether this other person: Hires or fires the employe...