In an attempt to reverse the U.S. National Labor Relation Board’s (NLRB) joint employer decision in the Browning-Ferris case, Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.) introduced the Protecting Local Business Opportunity Act (S. 2015/H.R. 3549).
The act is designed to reintroduce the definition of an employer: ‘‘…two or more employers may be considered joint employers for purposes of this Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.’’
In response the Coalition for a Democratic Workplace, of which IWLA is a member, sent a letter of appreciation to Chairmen Sen. Lamar Alexander (R-TN), Sen. Johnny Isakson (R-GA), Rep. John Kline (R-MN) and Rep. Phil Roe (R-TN) for introducing the act.
According to the letter: “The bill will restore the longstanding ‘joint employer’ standard under the National Labor Relations Act—a standard that has paved the way for franchisors, franchisees, contractors, subcontractors and other businesses to create millions of jobs and has allowed hundreds of thousands to achieve the American dream of small business ownership.”
According to reports, the Act has 45 co-sponsors in the Senate and 60 co-sponsors in the House of Representatives, including 3 Democrats. Stay tuned for more updates on this issue.