• DATVF.ATLPHL
    2.026
    0.053
    2.7%
  • DATVF.CHIATL
    1.929
    -0.026
    -1.3%
  • DATVF.DALLAX
    1.332
    0.051
    4%
  • DATVF.LAXDAL
    1.321
    -0.035
    -2.6%
  • DATVF.SEALAX
    0.968
    0.070
    7.8%
  • DATVF.PHLCHI
    1.196
    0.068
    6%
  • DATVF.LAXSEA
    2.159
    0.040
    1.9%
  • DATVF.VEU
    1.717
    0.032
    1.9%
  • DATVF.VNU
    1.536
    0.032
    2.1%
  • DATVF.VSU
    1.327
    0.009
    0.7%
  • DATVF.VWU
    1.563
    0.055
    3.6%
  • ITVI.USA
    12,209.780
    10.030
    0.1%
  • OTRI.USA
    19.280
    0.030
    0.2%
  • OTVI.USA
    12,205.070
    10.340
    0.1%
  • TLT.USA
    2.680
    0.000
    0%
  • WAIT.USA
    159.000
    19.000
    13.6%
  • DATVF.ATLPHL
    2.026
    0.053
    2.7%
  • DATVF.CHIATL
    1.929
    -0.026
    -1.3%
  • DATVF.DALLAX
    1.332
    0.051
    4%
  • DATVF.LAXDAL
    1.321
    -0.035
    -2.6%
  • DATVF.SEALAX
    0.968
    0.070
    7.8%
  • DATVF.PHLCHI
    1.196
    0.068
    6%
  • DATVF.LAXSEA
    2.159
    0.040
    1.9%
  • DATVF.VEU
    1.717
    0.032
    1.9%
  • DATVF.VNU
    1.536
    0.032
    2.1%
  • DATVF.VSU
    1.327
    0.009
    0.7%
  • DATVF.VWU
    1.563
    0.055
    3.6%
  • ITVI.USA
    12,209.780
    10.030
    0.1%
  • OTRI.USA
    19.280
    0.030
    0.2%
  • OTVI.USA
    12,205.070
    10.340
    0.1%
  • TLT.USA
    2.680
    0.000
    0%
  • WAIT.USA
    159.000
    19.000
    13.6%
NewsTrucking Regulation

NLRB restores joint-employer standard in final rule

Trucking companies are expected to benefit from a new federal rule aimed at more clearly defining what constitutes joint-employer relationships.

The National Labor Relations Board (NLRB) will issue the rule Wednesday, and it is expected to go into effect April 27, barring a court challenge.

The final rule restores a standard for determining joint-employer status that had been applied for several decades before 2015, the NLRB stated in a news release, but with “greater precision, clarity, and detail.”

Under the final rule — which received over 29,000 comments during a comment period initiated in October 2018 — an entity may be considered a joint employer of another employer’s employees “only if the two share or co-determine the employees’ essential terms and conditions of employment,” with those eight terms and conditions defined exclusively as wages, benefits, hours of work, hiring, discharge, discipline, supervision and direction.

“With the completion of today’s rule, employers will now have certainty in structuring their business relationships, employees will have a better understanding of their employment circumstances, and unions will have clarity regarding with whom they have a collective-bargaining relationship,” NLRB Chairman John Ring stated.

For trucking companies, the ramifications of a joint-employer relationship would come up often in the case of strike situations, according to Jack Finklea, a labor law specialist at the law firm Scopelitis Garvin, Light, Hanson & Feary.

“A union’s picketing of a primary motor carrier or other business can bleed over into the motor carrier employer if a joint employment relationship exists,” Finklea told FreightWaves. In addition, he said, if two trucking companies are on same site and they are deemed joint employers, then each one can be responsible for the other’s unfair labor practices.

“Going forward, trucking companies stand to benefit from the final rule, as the NLRB will review cases with a new higher standard of what defines that joint-employer relationship.”

Finklea advised motor carrier employers to look at each of the eight factors in the new rule that constitutes “direct and immediate control” and apply them to their workforce and any surrounding workforce with which they come in contact.

“Carriers should ensure they are not falling within one of those enumerated circumstances listed in the new regulations,” Finklea said. “Otherwise carriers risk a finding by the NLRB that they are in a joint employment relationship, which could make them susceptible to a union picket line, or which could make them responsible for another company’s unfair labor practices – which could certainly cost them money.”

The International Brotherhood of Teamsters, which pointed out that the 2015 NLRB decision known as Browning-Ferris, which the new rulemaking overrides, was a case involving the Teamsters.

“We are deeply disappointed in this decision, which will have a negative and tangible impact on hard working Americans,” the union said in a statement to FreightWaves. “The [Browning-Ferris] ruling … protects millions of workers from manipulations by companies calculated to impair employee rights by playing shell games over what entity in fact controls their working conditions. Rolling it back will cause great harm.”

Tags
Show More

John Gallagher, Washington Correspondent

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.

6 Comments

  1. Its a great pleasure for me to write this testimony about how I got my Genital Herpes cured within a month. I have been reading so many comments of some people who were cured from various diseases by Dr Ahmed Usman herbal medicine but I never believed them. I was hurt and depressed so I was too curious and wanted to try DR. Ahmed then i contacted him through his email, he assured me 100% that he will cure me, I pleaded with him to help me out. My experience with him was great. He sent me his herbal medicine and prescribed the usage of the herbal medicine. He asked me to go for a medical check up after two weeks of usage. I agreed with him I took this herbal medicine as instructed by him and went for a check up, to my greatest surprise my result was negative, I am really happy that I am cured and healthy again. I have waited for a month to be very sure I was completely cured before writing this testimony. I did another blood test one week ago and it was still Herpes negative, with no trace of the virus on my blood so I guess its time I recommend him to anyone suffering from Herpes Virus. contact Dr. Ahmed through his official email address: drahmedusman5104@ gmail. com  
    He has herbal cure for Diabetes, Hepatitis, Cancer, Heart diseases and Liver diseases. 

  2. Hello, i want to testify for the help Dr James has render to me, some month back i had herpes and was really worried that i will never be cured ,because i tried so many medicine to cure my herpes but they did not cure me, so i went doing research online on how i can get solution to my sickness,and that when i came across testimonies about this powerful doctor on how he has help them, so i contacted him and he gave me words of encouragement and he send me his herbal medicine which i use that cured my herpes, now am living a healthy life, he also have cure for diabetes,premature ejaculation,penis enlargement products, and many other sickness you can reach him on his email on   drjamesherbalhome@gmail.com or whatsapp on +2348106467120  

  3. Testimony of how I was Cured from diabetes with Herbal medicine
    I was diagnosed of DIABETES for sometime, I have tried all possible means to get cured but all my effort proved abortive, until a friend of mine introduced me to a herbal doctor from Africa by name Dr Nelson, who prepare herbal medicine to cure all kind of diseases including hepatitis B, DIABETES and (HPV). When I contacted this herbal doctor via his email, he sent me his herbal medicine via courier service, when i received the herbal medicine he gave me step by step instructions on how to apply it, I took it as instructed after 3 weeks I went for check up and my result was negative. I am very grateful to DR Nelson may God bless him and continue to give him wisdom. I will continue sharing this testimonies,You can also Contact him on. drnelsonsalim10@ gmail. com
    or send him a whatsapp text on +2348116522191.
    He has herbal cure for Hepatitis, Cancer, Heart diseases and Liver diseases. 

  4. Hi,
    Some months ago I had s*x with the third guy in my life whom i was about to marry and now I have herpes. I couldn’t believe it because he wasn’t a random guy, he’s the closet guy I’ve had as a boyfriend, but it has been a never ending nightmare since. I’ve always believed in GOD and have asked him for forgiveness which is ironic.
    I felt like killing myself with the taught of having a husband and family will be quite difficult and i felt like I’m not really in the room when people are talking. I didn’t know what to do and pretty much cry and pray every day to God for help and looking at my family with so much love and feeling that i have disappointed them even though they don’t know. Until God lead me to DR. IZAZA online who promised to help me cure my disease through herbals. At first i didn’t believe him, but to my greatest surprise i was cured completely by herbals, which medical doctor also verified that i was cured. Special thanks to DR. IZAZA.
    Don’t be discourage because he that did it for me will also do it for you and you can contact him through his email address (DRIZAZAHERBALCUREHOME@GMAIL.COM) or text him on WHATSAPP phone number 2348103355314

  5. If you’re wondering why am here or why am doing this!, i just want to show appreciation to God, and i want other persons who is suffering from this deadly illness, ( Herpes, Coronary Artery Disease (Ischemic Heart Disease), Hiv/AID, Stroke, Trachea, Bronchus, and Lung Cancers, Diarrheal Diseases, Diabetes Mellitus, Dengue, Rotavirus, Other STD and others ) maybe because of ignorance. if you see this don’t ignore, i was a victim of herpes, some one introduced him to me, i wrote him, told him what i was going through, though i was not to sure he could help, because i seen other persons, or post but no good outcome, he told me he could help, like others, i got the medicine or the herb whatever you may want to call it, he didn’t even charge me, to God i didn’t want to use it, but i did, to God be the glory am the one sending this post today in good health and sound mind, ..smile.. i seek for him, i didn’t mind the distance so i could show appreciation, i meet with Dr Herbal, he didn’t ask for anything, all he said is, ‘It’s God doing. I saw him treat people with different situation and problem maybe worse than yours, tell others. so am telling you today, don’t ignore this, if you see this post, tell the next person who you think might need this. contact him, via his official Email:Drizazaherbalcurehome@gmail.com or WHATSAPP:+2348103355314

  6. I have been diagnosed with Hepatitis B (HBV) for 3 years. I was tested positive, I lost hope and I needed to get my life back on time. So i was introduced by a blogger who also narrated her story online about same formula. I only used the herbal formula for 6 weeks, the result was awesome. All my symptoms vanished, and my last test was negative.. Contact BEST HEALTH HERBAL CENTRE for help.

Leave a Reply

Your email address will not be published. Required fields are marked *

Close