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Under the National Labor Relations Act as defined in 29 U.S. Code § 152, a joint-employer has the same liabilities as an actual employer. However, how the NLRB defines a joint-employer is a highly partisan issue that seems to depend on whether the NLRB has a Republican or Democratic majority. In 2015, in Browning Ferris Industries, the NLRB ruled that a recycling plant and the agency that provides its housekeeping workers were joint-employers for the…
This Thursday, December 27, marks the 6-month anniversary of the Supreme Court’s decision in Janus v. AFSCME. Both conservative and liberal publications predicted that the decision would be a death blow to public-sector unions. In her dissent, Justice Kagan said the decision “will have large-scale consequences” and that “public employee unions will lose a secure source of financial support.” This fear was based on past restrictions on unions, which led to declines in union membership.…
The Fordham Law School Labor & Employment Law Society was privileged to host Eugene Scalia for a talk on the current trends in regulatory and administrative law entitled “The Problem with the Modern Regulatory State.” Mr. Scalia, the former solicitor for the Department of Labor and a current partner of the Washington D.C. office of Gibson, Dunn & Crutcher, spoke to society members about the role litigators in government and private practice play in shaping…