NLRB Reinstitutes the Browning-Ferris Joint Employer Standard - For Now (March 28, 2018)

When the National Labor Relations Board (“NLRB”) expanded its definition of “joint employer” in 2015 to include companies that share some direct or indirect control over other companies’ employees, many businesses were understandably concerned that they could become
partly or wholly responsible for individuals previously considered to be other companies’ employees. This new joint employer standard, established in the NLRB’s decision
Browning-Ferris Industries of California, Inc., 362 N.L.R.B. No. 186 (Aug. 27, 2015) (“Browning-Ferris”), seemed to be here to stay, as it was cited extensively by the NLRB and adopted by federal district courts.

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ICE Form I-9 Compliance Investigations in the Trump Era (March 2018)

Employer liability for Form I-9 violations can range from $220.00 - $2,191.00 per Form I-9 with violations.

Last month, the United States Immigration and Customs Enforcement (“ICE”), which is charged with enforcing I-9 Employment Eligibility Verification compliance, raided nearly one hundred (100) 7-Eleven stores across the country, including stores in New York, New Jersey and
Pennsylvania. ICE served inspection notices, interviewed employees and management, and made twenty-one (21) arrests. These raids followed acting director Thomas Homan’s recent directive to ICE agents to increase worksite investigations by “four to five times.” To put this in
perspective, in 2017, there were 1,360 worksite investigations by ICE, which resulted in businesses being ordered to pay $97.6 million in judicial forfeiture, fines and restitution, and $7.8 million in civil fines. A four to five factor increase from 2017 will disrupt thousands of
additional businesses. There is no sign that this trend will slow any time soon.

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Your Contributions Help Millions for a lifetime of protection (March 2018)

Your Contributions Help Millions for a lifetime of protection (March 2018)