Retail Industry Leaders Association praised nominations of Marvin Kaplan and William Emanuel to the NLRB

Arlington , VA, 2017-Jul-03 — /EPR Retail News/ — Today (June 28, 2017), the Retail Industry Leaders Association (RILA) praised the nominations of Marvin Kaplan and William Emanuel to the National Labor Relations Board (NLRB). President Trump nominated Kaplan who currently serves as a counsel at the Occupational Safety and Health Review Commission and Emanuel, an attorney with the law firm Littler Mendelson.

“We are thrilled to see Marvin and William nominated to the NLRB. A full and complete NLRB has been one of the top priorities for companies that are grappling with the misguided decisions of the previous Board,” said Evan Armstrong RILA’s Vice President of Government Affairs. “The Board’s decisions that created micro unions, ambush elections, and a new joint employer standard threaten the flexibility and upward mobility that retail employees value. It is critical that the Board is made whole so it can begin the important work to interpret the law in a way that supports innovation, growth, and opportunity. We encourage Senate leadership to move swiftly and look forward to a smooth and seamless confirmation process.”

RILA is the trade association of the world’s largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.

SOURCE: Retail Industry Leaders Association

Contact:

Christin Fernandez
Vice President, Communications
Phone: 703-600-2039
Email: christin.fernandez@rila.org

 

RILA praised the House Appropriations Subcommittee vote prohibiting NLRB from enforcing several damaging rules

Arlington , VA,, 2016-Jul-08 — /EPR Retail News/ — The Retail Industry Leaders Association (RILA) praised the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies for passing via voice vote its FY 2017 Labor, Health and Human Services funding bill. The appropriations bill as voted on contains specific provisions prohibiting the National Labor Relations Board (NLRB) from enforcing several damaging rulings like the micro-union, joint employer and ambush election rulings. The bill also blocks burdensome Department of Labor (DOL) regulations including the recently announced overtime rule. Jennifer Safavian, RILA’s executive vice president for government affairs issued the following statement.

“Retailers will continue to fight back against the onslaught of onerous rules and regulations that are being issued in rapid succession in the last year of the Obama Administration. We appreciate the House Appropriations Subcommittee taking the first step toward blocking implementation of these new rules, and hope that these provisions will be included in the final spending bills voted on by the full House. We also hope that the full committee will consider stripping funding for the enforcement of the Department of Labor’s new persuader rule, which was not part of the legislation passed today in subcommittee.”

“Retailers are hopeful that the Department of Labor’s overtime rule and a number of anti-business rulings from the NLRB can be stopped in the appropriations process, and we will continue to educate lawmakers on the impact these and other regulations will have on job-creators if they are not stopped.”

RILA is the trade association of the world’s largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.

Contact:

Jason Brewer
Senior Vice President, Communications & Advocacy
Phone: 703-600-2050
Email: jason.brewer@rila.org

Source: RILA

NRF: US DOL’s concept of a joint employer is even worse than what we’ve seen from the NLRB

WASHINGTON, 2016-Jan-25 — /EPR Retail News/ — The National Retail Federation said joint employer standards issued today by the Labor Department are too broad and that Obama administration attempts to hold more companies responsible for the action of subcontractors or franchisees should be overturned by Congress.

“The Labor Department’s concept of a joint employer is even worse than what we’ve seen from the NLRB,” NRF Senior Vice President David French said. “Lawyers are already saying it’s only going to lead to more litigation. Congress has to stop the spread of this Orwellian big brother approach to government before it can go any further. This type of interference in well-established business practices is just one more roadblock to job creation and economic recovery. Ultimately, it’s American workers and families who will suffer.”

“Washington needs to understand that businesses can’t be held responsible for what they don’t control,” French said. “Subcontractors and franchisees are independent companies who make their own decisions on how to deal with their employees. Trying to treat large companies and smaller businesses as one large entity is just another effort to make life easier for organized labor.”

Guidelines released today by the Labor Department’s Wage and Hour Division would set a broad definition of what can be considered a joint employer, using language from the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act that defines employment as “to suffer or permit to work.” By contrast, National Labor Relations Act provisions cited by the NLRB in its joint employer rulings last year require an element of “directing and controlling.”

DOL would recognize two types of joint employers. Under a “horizontal” model, an employee would work for two or more employers that are only technically separate. Under a “vertical” model, the employee would work for an intermediary such as a staffing agency that in turn is hired by another company.

The current debate over joint employers began last year at the NLRB, but Wage and Hour is the third federal agency to become involved. Labor’s Occupational Safety and Health Administration is also considering whether to broaden the definition it uses, looking at whether franchisers can be held responsible for franchisees’ safety and health violations.

Under guidelines followed for more than 30 years, the NLRB held that a company had to have direct control over the actions of a subcontractor or franchisee’s employees in order to be considered a joint employer. However, in an August 2015 ruling involving the waste management company Browning Ferris Industries and staffing agency Leadpoint Business Services, the NLRB said a company could be considered a joint employer even if it had only indirect or unexercised control. In a separate case, the NLRB said McDonald’s could be considered a joint employer with its restaurant franchisees.

In October, the House Education and Workforce Committee approved legislation that would amend the NLRA to say a company can only be considered a joint employer if it has “actual, direct and immediate” control over essential terms and conditions of employment.

NRF is the world’s largest retail trade association, representing discount and department stores, home goods and specialty stores, Main Street merchants, grocers, wholesalers, chain restaurants and Internet retailers from the United States and more than 45 countries. Retail is the nation’s largest private sector employer, supporting one in four U.S. jobs – 42 million working Americans. Contributing $2.6 trillion to annual GDP, retail is a daily barometer for the nation’s economy. NRF’s This is Retail campaign highlights the industry’s opportunities for life-long careers, how retailers strengthen communities, and the critical role that retail plays in driving innovation. NRF.com

J. Craig Shearman
(202) 626-8134
press@nrf.com
(855) NRF-Press

NRF called on Congress to pass legislation to reverse NLRB ruling on joint employer definition

WASHINGTON, 2015-9-11 — /EPR Retail News/ — The National Retail Federation today called on Congress to pass legislation introduced this week that would reverse a recent National Labor Relations Board ruling that significantly broadens the definition of a joint employer, saying the move would unfairly make companies that work with franchise locations or subcontractors responsible for actions they do not control.

“The board’s decision has significant negative implications for essentially any and every type of business-to-business relationship and will undermine job creation and small business growth across America,” NRF Senior Vice President for Government Relations David French said. “These harmful and unnecessary changes are out of sync with reality and are certain to create immense instability in business relationships.”

French’s comments came in a letter to House Education and Workforce Committee Chairman John Kline, R-Minn., and Senate Health, Education, Labor and Pensions Committee Chairman Lamar Alexander, R-Tenn.

Kline and Alexander this week introduced the Protecting Local Business Opportunity Act. Under guidelines followed for more than 30 years, the NLRB held that a company had to have direct control over the actions of a franchisee or subcontractor’s employees in order to be considered a joint employer. Under its August ruling in a case involving the waste management company Browning Ferris Industries, the board said a company could be considered a joint employer even if it had only indirect or potential control.

The Kline-Alexander bill would require that the earlier standard of direct control be used.

“This long-held standard has enabled small businesses to flourish,” French said. “It has also ensured that larger companies … are protected from unnecessary involvement in labor negotiations or disputes in workplaces they do not control.”

NRF is the world’s largest retail trade association, representing discount and department stores, home goods and specialty stores, Main Street merchants, grocers, wholesalers, chain restaurants and Internet retailers from the United States and more than 45 countries. Retail is the nation’s largest private sector employer, supporting one in four U.S. jobs – 42 million working Americans. Contributing $2.6 trillion to annual GDP, retail is a daily barometer for the nation’s economy. NRF’s This is Retail campaign highlights the industry’s opportunities for life-long careers, how retailers strengthen communities, and the critical role that retail plays in driving innovation. nrf.com

Treacy Reynolds
press@nrf.com
(855) NRF-Press

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