The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss:
- Trump’s nominees advanced to full Senate
- Joint-employer standard reinstated
- Year-end federal contractor reminders
Trump’s DOL Nominee Advanced to Full Senate
|Wednesday, December 13, 2017|
|The Senate Labor Committee advanced several of President Donald Trump’s nominees for the Labor Department.
The four nominees have advanced for full Senate floor consideration, which will likely come after the holiday recess. All the nominees are expected to get strong Republican support and eventually be confirmed.
If confirmed, many of the nominees will be tasked with helping the Trump administration work to cut regulations that critics say have stifled job growth, but supporters say provide necessary protections for workers.
Joint-Employer Standard Reinstated
|Thursday, December 14, 2017|
|In a 3-2 decision, the National Labor Relations Board overruled the Board’s 2015 decision in Browning-Ferris Industries and returned to the pre–Browning Ferris standard that governed joint-employer liability.
In all future and pending cases, two or more entities will be deemed joint employers under the National Labor Relations Act (NLRA) if there is proof that one entity has exercised control over essential employment terms of another entity’s employees (rather than merely having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine.
Accordingly, under the pre–Browning Ferris standard, the proof of indirect control, contractually-reserved control that has never been exercised, or control that is limited and routine will not be sufficient to establish a joint-employer relationship. The Board majority concluded that the reinstated standard adheres to the common law and is supported by the NLRA’s policy of promoting stability and predictability in bargaining relationships.
How We Got Here
|As we wrap up 2017, a few important reminders as we head into the new year:
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at email@example.com with your ideas.
John C. Fox, Esq. is President and Partner at Fox, Wang & Morgan P.C. where he represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the six wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide. Full Bio »