On June 5, National Labor Relations Board (NLRB) Chairman John Ring announced that the NLRB will conduct notice-and-comment rulemaking to define a workable joint employer standard under the National Labor Relations Act (NLRA).
Prior to 2015, an entity would be determined a joint employer of another entity’s employees, and thus liable for labor law violations, only if they exercised “direct control” over the employees. This was a clear and dependable test. However, in 2015, the NLRB upended 30 years of labor law, in Browning-Ferris Industries (BFI), redefining joint employer status on a case-by-case basis to determine whether an entity has the potential to or does exercise indirect control over the conditions and terms of employment of another company’s employees.
Today, manufacturers who exercise little to no control over a subcontractor’s employees are exposed to unmeasurable risk. The result of BFI has exponential effects as many manufacturers often contract with more than one company to perform various services, for example, on-site cleaning, maintenance, or food services. Employers have struggled to apply the Board’s BFI decision to predict their responsibilities and liabilities with regard to these services’ employees, outside of their control, all because of one bad decision from the NLRB.
Since BFI, the NAM has worked tirelessly to make the case for a more workable standard, both in the courts and Congress. This week, the NAM joined a group of other industry associations in filing a petition for rulemaking with the NLRB.
The NAM applauds the NLRB for taking this step, and we will continue to fight for a workable, dependable, and stable joint standard for the manufacturing industry throughout the rulemaking process.
As expected, the Federal Open Market Committee (FOMC) ended its June 12–13 meeting by hiking short-term rates by 25 basis points. This action—the second increase so far in 2018—was widely expected, with markets already pricing it in. More importantly, the Federal Reserve’s economic projections signal that there could be four hikes in the federal funds rate this year, up from a consensus estimate of around three. With the Federal Reserve’s action, the target range for the federal funds rate is now 1.75 to 2 percent. The projections show that range rising to 2.4 percent by the end of 2018 and 3.1 percent in 2019. The latter would indicate three hikes next year. With that said, the FOMC will hinge future interest rate increases on incoming data. Read More
“This program establishes a risk-based tiering system for facilities that are engaged in what DHS considers chemicals of interest.”
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