Posts Tagged ‘joint employer’

Limo Drivers File Separate Lawsuit Against Uber

Uber drivers who were barred from a class action last year seeking to be treated as employees rather than independent contractors won’t go down without a fight.

They’ve filed their own separate lawsuit against the ride-sharing company.

The new lawsuit filed in San Francisco Superior Court in early January is on behalf of persons who drove for Uber through limo companies and those who signed up to drive using corporate or fictitious names.

The argument these drivers’ attorney is using is that even though the drivers work for Uber through third-party companies or under corporate names, Uber should be considered their employer or joint employer because “Uber has controlled their employment, including establishing the rules and standards they must adhere to, and determining which drivers are subject to termination.”

The original lawsuit was on behalf of a class of drivers who work directly for Uber.

House Committee Votes to Kill NLRB Joint Employer Rule, Return to Previous Definition

If Republicans in the U.S. House of Representatives have their way, the National Labor Relations Board’s new standard on “joint employers” will be short-lived.

Under that policy, which the NLRB announced in August, an employer’s exercise of indirect control over working conditions at another employer, or even its reserving the right to exercise that control, is enough to make the two companies joint employers

The 3-2 ruling means that companies that use franchises or subcontractors can be held liable for labor violations by those companies and also be forced to negotiate collective bargaining agreements with unions representing those companies’ workers.

Before this ruling, joint employer required that that one company exercise direct control over the other’s operations. But the board majority said that standard no longer reflects today’s changing economy.

This past Wednesday, however, the House Education and Workforce Committee voted to strike down the NLRB policy. The Protecting Local Business Opportunity Act would amend the National Labor Relations Act to specify two or more employers may be considered joint employers only if each has an “actual, direct, and immediate” control over essential terms and conditions of employment.

The bill now goes to the House floor for final approval, which is expected.

Then it’s onto the Senate, where it has at least one sponsor, Senator Lamar Alexander, a Republican from Tennessee.