BREAKING: YOU ARE GOING TO NEED A BIGGER BARGAINING TABLE - NLRB OVERTURNS NEARLY 30 YEARS OF PRECEDENT AND ADOPTS ALL-INCLUSIVE NEW JOINT EMPLOYER STANDARD.
- Written by Carl Larson
The National Labor Relations Board (NLRB) has adopted an expansive new definition of what it means to be a joint employer and it includes you. Any business that uses a temp agency, farm labor contractor, or any other outsourced labor arrangement should be aware of the implications of this new standard. This threatens processing plants, coolers, and shakes agricultural industry operations, all outsourcing arrangements used throughout U.S. manufacturing as well as the franchise systems to their core. Prior to this new standard, a company could feel relatively safe from the complications of labor relations by outsourcing labor and staying out of the human resources function.
Those days are gone.
Under the previous standard a party was only considered a joint employer if they exercised direct and immediate control over the terms and conditions of employment. As explained in Browning-Ferris Industries Inc. 362 NLRB No. 186, the new standard forces parties to come to the bargaining table with unions and subjects them to liability for unfair labor practices even if they merely possess the potential to indirectly control even a single term or condition of employment. Given such a broad definition of joint employer, it is easy to see how just about everyone who conducts business in the U.S. and even individual consumers might be on the hook. In a last grasp to prop up dying unions, the NLRB has given them the gift of a lot more pockets to pick.
Counsel To Management:
The Saqui Law Group will be releasing a series of articles this week which analyze the implications and inconsistencies of this new decision from all angles. All businesses should be united in opposing this new standard and the Saqui Law Group will provide the ammunition necessary to attack it.
- Written by SLG Staff
SLG has been fielding many questions from employers regarding the Paid Sick Leave (“PSL”) amendment to the Healthy Workplaces, Healthy Families Act. The law’s application to seasonal workers has been particularly confusing to many employers, who frequently have the following questions:
Question: What happens to a seasonal employee’s accumulated PSL time when he or she is laid off?
Answer: During a layoff, employers need not “cash out” unused sick time employees have accumulated unless the employer’s policy provides for such a payout or the employer combines sick time and vacation or paid time off. Instead, when an employee is laid off, accrued sick time is carried over if the employee is hired by the same employer within 12 months.
Question: Is a laid-off employee entitled to take paid sick leave?
Answer: No. Employees are only entitled to PSL if they are currently working and have accumulated time.
Counsel to Management:
If your company has a separate PSL policy, ensure laid-off employees are credited any accumulated sick time if they are rehired within 12 months. If your company combines sick time and paid time off/ vacation, make sure to pay employees for their accumulated time when the employee is terminated, laid off, or resigns: failure to do so could elicit penalties from the Department of Labor Standards Enforcement.
The Department of Labor Standards Enforcement provides answers to many PSL questions at http://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm . If you have further questions, please feel free to contact SLG.