Foxx Praises NLRB Ruling to Reinstate Previous Joint-Employer Standard
WASHINGTON, December 14, 2017
Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, released the following statement upon the National Labor Relations Board (NLRB)’s vote to overrule its 2015 decision in Browning-Ferris Industries, and roll back the convoluted joint employer scheme that threatens American job creation:
“Today’s decision by the NLRB to reinstate the pre-Browning-Ferris joint employer standard is a major victory for local business operators and employees across the country. We are pleased that the NLRB’s new majority stood up for the millions of Americans who jobs were put at risk by the Obama NLRB’s toxic decision which should never have been made in the first place. However, legislation remains the only way to provide permanent certainty to local businesses around the country who face ongoing litigation under both the NLRA and FLSA. This is why the Education and Workforce Committee led the charge in bringing forward Rep. Bradley Byrne’s legislative solution to a bipartisan House vote last month.”
BACKGROUND: In the NLRB’s 2015 Browning-Ferris Industries decision, the board placed itself squarely in the middle of the employer-employee relationship, changing it in a way that hurt working families and small businesses but empowered union interests. The Save Local Business Act amends the National Labor Relations Act and the Fair Labor Standards Act to restore the commonsense definition of what it means to be an employer. The legislation clarifies that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers.
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