Litigation

In the wake of an ethics controversy, the National Labor Relations Board’s (NLRB) has reinstated its strict Obama-era standard defining when contractors, franchisers and other entities are considered “joint employers,” though the move is unlikely to result in new enforcement of related OSHA guidance as conservatives and Trump administration officials have long opposed the standard.

A federal district judge has rejected a legal challenge brought by public interest groups to President Donald Trump's executive order (EO) directing OSHA, EPA and other agencies to identify two existing rules for potential repeal in exchange for every new rule they issue, saying the plaintiffs failed to prove harm from the order -- but stopping short of dismissing the case entirely.

Democratic lawmakers are renewing their calls for the National Labor Relations Board (NLRB) to revisit its recent decision reversing an Obama-era “joint-employer” precedent that had prompted strict OSHA enforcement guidance, citing conflict of interest concerns with one of the board's GOP members that were recently confirmed by an internal inspector general (IG) report.