In today’s news and commentary, the NLRB officially rescinds the Biden-era standard for determining joint-employer status; the DOL proposes a rule that would rescind the Biden-era standard for determining independent contractor status; and Walmart pays $100 million for deceiving delivery drivers regarding wages and tips.
On Thursday, the National Labor Relations Board issued a final rule rescinding the Biden Administration’s standard for determining joint-employer status. Citing a 2024 order by the U.S. District Court for the Eastern District of Texas that prevented the 2023 Biden standard from ever going into effect, the Board officially returned to the standard promulgated by the first Trump administration in 2020. While the Biden-era rule determined joint-employer status by considering the alleged joint employers’ “authority to control essential terms and conditions of employment, whether or not such control is exercised,” the Trump rule focuses on whether the joint employer actually exercises “direct control” over the terms of employment. The NLRB failed to provide notice and an opportunity for comment when issuing this rule, arguing that because the rule is merely a “ministerial” action reflecting the order of the U.S. District Court, it falls within the Administrative Procedure Act’s “good cause” exception to notice and comment. As Greg Volynsky covered several years ago, Democratic and Republican administrations have flip-flopped on this rule for over a decade.
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Trump doesn’t back up claims I have been listening to Trump for over a year, and he is constantly making claims for one thing or another. And each time he makes a claim he is lying because he never...