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Save Local Businesses - Joint Employer Status
The NLRB's Browning-Ferris Industries (BFI) decision in August 2015 has been frustrating and has hurt franchise small businesses. The Board replaced the predictable and clear, “direct and immediate control” standard for determining joint employer status with a vague test based on “indirect” and “potential” control over workers’ terms and conditions of employment. The decision exposed franchisors and franchisees to workplace liability for another employer’s actions and for workers they do not employ. Specifically, franchise businesses are facing more operational and legal costs, decreased business values, less compliance assistance from franchisors, less growth and fewer jobs as consequences of the expanded joint employer definition.
Blueprint for the 21st Century: A Plan for Better Jobs and Stronger Communities
The United States faces a widening chasm in outlook and opportunity. While the wealthiest Americans have captured the lion’s share of returns in the economy, college-educated Americans have largely continued to prosper under many of the economic forces and policies that have reshaped the 21st century economy. But for millions of American workers—and particularly those without a four-year college degree—these powerful forces have exerted downward pressure on employment and wage growth, job quality, and opportunity in their communities. To make matters even worse, this decline in opportunity has been further exacerbated by long-standing inequities in our country. The effects have been particularly pronounced in certain regions. The pain being felt by the American people reflects deep, long-brewing market and policy failures. And neither the free market nor tax cuts for the wealthy and large corporations have—nor will—address their hardship.
Ban the Box
African Americans make up roughly 13% of the U.S. population, but 40% of its prisoners. More than 600,000 incarcerated individuals leave U.S. prisons each year. Returning citizens who gain employment are more than 1/3 less likely than their counterparts to return to crime, and are more capable of turning their lives around permanently. Although they have paid their debt and served their time, individuals with a criminal history are too often denied the opportunity at legitimate employment, which would help engage them in productive activities that improve the quality of life for everyone and enable them to become productive members of society.
Hair Braiding Freedom in Missouri
The Missouri Board of Cosmetology and Barber Examiners had sued Salimato Kouyate, an African-style hair braider, trying to put her out of business because she earned money by braiding hair and had not first completed the 1,500 hours’ worth of training that state law requires to act as a licensed cosmetologist. That training would take many months to complete, would cost more than $10,000, and perhaps most importantly it would not teach Ms. Kouyate anything about braiding that she did not already know.
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