Burr & Forman's Bryance Metheny Featured in IndustryWeek On NLRB Temp Ruling
"Goodbye Temps? NLRB Ruling Will Have Big Impact," IndustryWeek
In an article published by IndustryWeek on September 1, 2015, Bryance Metheny was quoted about the recent ruling by the National Labor Relations Board (NLRB) that companies using temporary agencies may be considered "joint employers" of temp workers simply because they demonstrate authority, even if they do not actually exercise control. As joint employers, companies will share liability with the temp agencies regarding temp workers, and the workers that unionize will have the right to bargain with the parent company as well as the temporary agency.
Metheny suggests that businesses audit all contract workers on their premises, both temporary and independent contractors. "You need to know the extent to which that worker could end up subjecting you to exposure to labor violations or become a member of a bargaining unit that could vote in an election," Metheny advised. "And evaluate them on things like how long are they here, what's their purpose for being here?" This evaluation can help guide the decision of whether to make them full employees or keep them as temporary employees with adjustments to employment requirements.
Read the full article, Goodbye Temps? NLRB Ruling Will Have Big Impact.
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