NLRA Expansion May Come With Risks For Workers [Law360]

Daniel Johns authored an article about the rapid expansion of the National Labor Relations Act (NLRA) coverage and how it affects the workplace.

In his first example, Dan explained how, under the direction of its general counsel, Jennifer Abruzzo, the National Labor Relations Board (NLRB) published a rule that increases the circumstances in which a company can be found as a joint employer under the NLRA. He shared that any employer with safety rules in place would likely be considered a joint employer, which may result in the employer not enforcing safety regulations to avoid joint employment liability.

Dan highlighted two other examples of how the NLRA has been expanding coverage to student-athletes and religious educational institutions. He cautioned that expanding NLRA coverage to areas beyond the working class may hinder the overall labor movement and weaken support for unions and worker rights.

In his last example, Dan shared that another NLRB decision created a new test to determine whether an individual is an employee or an independent contractor. The test now claims many independent contractors as employees covered by the NLRA. Dan explained that this could potentially limit entrepreneurial opportunities for workers, who value flexibility more than their right to unionize.

Dan summarizes that while NLRA coverage has expanded, only time will tell if the changes improve working conditions.  

To read the full article, click here.

 


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Daniel V. Johns

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