Search form

Labor Board Decision and Worker Scheduling Requests on Congress’ Plate

  • December 7, 2015

Congress will grapple with bills to overturn the federal labor board’s decision on joint employers and to make work schedules more predictable for workers in 2016.

Lawmakers have introduced identical legislation in both chambers of Congress to overturn a landmark decision by the National Labor Relations Board intended to broaden joint employer liability. By including employers who may only indirectly affect employees’ terms and conditions of employment, or have the right to affect such terms and conditions, the controversial Board decision has swept many more businesses under the “joint employer” umbrella and increased labor union bargaining power. (For details of the Board decision, see our article, Labor Board Sets New Standard for Determining Joint Employer Status.) The bills, H.R.3459 and S.2015, have been referred to committee. The House Subcommittee on Health, Employment, Labor, and Pensions has held hearings on the H.R.3459. At the beginning of December, the Senate bill had 48 cosponsors.

Requiring employers to consider their employees’ requests for changes to their work schedules and to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices is the purpose of the Schedules That Work Act, H.R.3071 and S.1772. It also would require employers to make, keep, and preserve records of compliance with the Act, and post a notice in the workplace explaining employees’ rights under the Act. (For details, see our article, Bill in Congress Would Allow Employees to Request Changes to Schedules.)

Jackson Lewis attorneys in the Government Relations practice are available to answer inquiries regarding these and other workplace issues.

©2015 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. For more information, visit www.jacksonlewis.com.

See AllRelated Articles You May Like

February 1, 2019

New York Legislative Update — 2019 Starts With a Roar

February 1, 2019

The New York State Legislature gaveled in for the 2019-2020 Legislative Session on January 9, 2019, with Democrats in control of all three chambers of New York State government for the first time since the 2008-2009 session. As expected, the Democrats are flexing their muscles and progressive legislation traditionally stalled in a... Read More

January 23, 2019

U.S. House Committee to Focus on Workforce Protections

January 23, 2019

Signaling a renewed emphasis on workforce protections at the opening of the 116th Congress, the U.S. House of Representatives has changed the name of its committee with jurisdiction over labor matters back to the Committee on Education and Labor. It was called the Committee on Education and the Workforce when Republicans held the... Read More

January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

Related Practices