Reprinted from The Hill by Lynn Rhinehart on September 19, 2017.
Last week, the Republican-led House Committee on Education and the Workforce held a hearing on H.R. 3441, the so-called Save Local Business Act — a bill that has almost nothing to do with saving small and local businesses. According to its sponsors, the legislation was introduced to overturn the National Labor Relations Board’s (NLRB’s) 2015 decision in Browning Ferris Industries.
In that decision the NLRB ruled that Browning Ferris, a waste management company, was a joint employer along with a staffing agency called Leadpoint. At the time, Leadpoint provided 80 percent of the workforce for Browning Ferris’ recycling facility.
The Browning Ferris decision provoked howls of outrage from the business community and their Republicans advocates in Congress. Their claim is that the decision threatens the franchise business model and muddies the legal waters for all employers – even though the NLRB made clear in its decision that Browning Ferris is NOT a franchise case. …