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http://thehill.com/regulation/labor/250880-businesses-brace-for-game-changing-labor-decisionquote:Business leaders in Washington are bracing for a labor ruling that they warn would redefine what constitutes an “employer” in the United States, exposing thousands of companies to new liabilities and potentially upending entire industries. Good. Get hosed, employers.
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# ? Aug 14, 2015 21:07 |
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# ? May 8, 2024 16:30 |
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Good. Temp workers and freelancers get hosed over by companies every day.
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# ? Aug 14, 2015 21:08 |
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I am a supervisor for a security company. 100% of my time has been spent on a single site contracted by a single company. So while I show up to work at one company, I have zero contact with the company that actually hired me and pays me. Additionally, 3 of 4 of my managers are employees of the company that contracted our services. So what is all this ruckus going to mean?
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# ? Aug 14, 2015 21:34 |
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Wow, that's a huge loving deal. Are they going after unpaid interns as well or is this only going to be about employees?
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# ? Aug 14, 2015 21:55 |
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Equine Don posted:I am a supervisor for a security company. 100% of my time has been spent on a single site contracted by a single company. So while I show up to work at one company, I have zero contact with the company that actually hired me and pays me. Additionally, 3 of 4 of my managers are employees of the company that contracted our services. So what is all this ruckus going to mean? The company where you actually report every workday would become a joint employer and be legally responsible for your treatment. So, nothing practically, unless you were fired and wanted to bring a discrimination suit or something like that, in which case you could bring it against whichever employer was most relevant. ToxicSlurpee posted:Wow, that's a huge loving deal. Are they going after unpaid interns as well or is this only going to be about employees? God, I sincerely hope they tackle unpaid internships. Some work has already been done on that front but it's still a huge problem. Sadly, given the pattern, if they do anything it'll still likely exclude the public sector, which leaves my field almost entirely high and dry.
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# ? Aug 15, 2015 04:28 |
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So is this going to mean that say, McDonalds can't shut down a franchise when people talk about unionizing because McDonalds Coporation would officially constitute their employer and hence it would be illegal to punish people for unionizing?
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# ? Aug 15, 2015 04:43 |
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I'm guessing that the odds of this triggering a high-profile court case to decide if the NLRB actually has the power to do this is around 100%?
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# ? Aug 15, 2015 04:56 |
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Fojar38 posted:So is this going to mean that say, McDonalds can't shut down a franchise when people talk about unionizing because McDonalds Coporation would officially constitute their employer and hence it would be illegal to punish people for unionizing? Union stuff is way down the line. What happens now is McDonald's corp says "Hey man, it's not OUR fault the guy/gal at the fry-o-lator has to work at two different stores for 70 hours a week combined to pay bills. These franchisees, y'know, they set their own pay and run their own stores autonomously!" This ignores that McDonald's corp tells tells them where to buy their ingredients, cleaning supplies, etc and specifies exactly how each item is supposed to be made, what the cashier says to customers, and micro-manages the poo poo out of every location under threat of stripping the franchise. But McDonald's isn't the employer, you see, and they're not responsible for any terrible poo poo that happens in a franchise location like the pervy manager groping the teenage girls on the closing shift.
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# ? Aug 15, 2015 05:00 |
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Quorum posted:The company where you actually report every workday would become a joint employer and be legally responsible for your treatment. So, nothing practically, unless you were fired and wanted to bring a discrimination suit or something like that, in which case you could bring it against whichever employer was most relevant. Well that's loving stupid if the thread title suggests "permanent temp" is going to go away, when it's really merely making both employers liable for legal infractions. So this won't positively affect workers who get paid far less for doing the same job as true permanent employees, unless something illegal happens.
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# ? Aug 15, 2015 05:27 |
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Equine Don posted:Well that's loving stupid if the thread title suggests "permanent temp" is going to go away, when it's really merely making both employers liable for legal infractions. So this won't positively affect workers who get paid far less for doing the same job as true permanent employees, unless something illegal happens. It's a big deal though because companies just love to hire other agencies to bring in temp workers to absolve themselves of all responsibility when it turns out that those workers were illegal immigrants and/or being paid less than minimum wage. There were stories coming out about Walmart hiring other companies to clean their stores and it turning out that said companies hired illegals to work for like $2/hour. Walmart got to just go "welp, not our workers!" They won't be able to now.
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# ? Aug 15, 2015 05:31 |
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ToxicSlurpee posted:It's a big deal though because companies just love to hire other agencies to bring in temp workers to absolve themselves of all responsibility when it turns out that those workers were illegal immigrants and/or being paid less than minimum wage. There were stories coming out about Walmart hiring other companies to clean their stores and it turning out that said companies hired illegals to work for like $2/hour. Walmart got to just go "welp, not our workers!" They won't be able to now. People will still be getting screwed over when they do these unpaid internships because hey you signed the paper not our problem! So stupid this continues to exist in 2015. Hell I work at a fortune 500 company that is frequently rated as one of the best places to work, I do weekly 20+ hours more than a company employee, but even though I work nowhere else I'm just a contractor and so that justifies no vacation, no healthcare, 2x lower pay, all for the exact same responsibilities. This country is so hosed
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# ? Aug 15, 2015 05:36 |
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Equine Don posted:People will still be getting screwed over when they do these unpaid internships because hey you signed the paper not our problem! So stupid this continues to exist in 2015. Hell I work at a fortune 500 company that is frequently rated as one of the best places to work, I do weekly 20+ hours more than a company employee, but even though I work nowhere else I'm just a contractor and so that justifies no vacation, no healthcare, 2x lower pay, all for the exact same responsibilities. This country is so hosed Yeah and this sort of thing is a step toward ending those conditions. It's the issue with capitalism as a whole; you make one way of exploiting the workers illegal and they come up with another. Then when you put laws in place to get them to knock that poo poo off they scream that it will ruin all business and usher in a thousand years of liberal darkness. Of course if you become technically "an employee" I kind of wonder if it's going to keep being "one of the best places to work." That probably only counts direct employees.
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# ? Aug 15, 2015 06:00 |
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I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes.
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# ? Aug 15, 2015 08:39 |
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Kim Jong Il posted:I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes. That was going to happen eventually no matter what.
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# ? Aug 15, 2015 08:51 |
Would this have an effect on the H1B abuse where companies get around the ban on replacing workers with visa holders because the new employees don't work for the company but are instead employed by companies like Infosys and Tata? It seems like that loophole wouldn't be feasible if the visa holding employees are jointly employed by the parent company and the staffing agency.
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# ? Aug 15, 2015 22:58 |
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Kim Jong Il posted:I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes. I've yet to find a person who likes working retail. I can least understand people being nostalgic about lovely factory jobs because they paid a decent wage (even though most weren't alive when they really existed) but retail doesn't even pay that well.
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# ? Aug 15, 2015 23:10 |
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computer parts posted:I've yet to find a person who likes working retail. Factory jobs are less bad because the hours tend to be set (barring mandatory overtime) and they pay you enough to rent an apartment but if you find someone who's happy with their factory job, they're lying.
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# ? Aug 15, 2015 23:15 |
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Could this negatively impact the National Park Service? My memories of the food service, cleaning, hotel management, reservations, etc for places as remote as Denali had the non-ranger duties (aside from gift shop iirc as they tended to double as the visitor center) seemingly outsourced to another company. All of those employees suddenly becoming federal employees (assuming they aren't already) would seemingly be a hit to park service budgets, let alone possible logistics requirements.
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# ? Aug 16, 2015 00:02 |
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computer parts posted:I've yet to find a person who likes working retail. If the pay wasn't so awful I'd have actually liked my retail job. I spent most of my time unloading and sorting trucks. I just hid in the back of the store and carried heavy things around. I just figured I was getting paid to exercise and then when it was time to leave I could go do other crap if I wanted. Granted before the economy tanks I could get all the extra hours I wanted and we were getting deliberately dicked on medical stuff. Then the Great Recession hit and everything went to garbage.
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# ? Aug 16, 2015 00:07 |
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computer parts posted:I've yet to find a person who likes working retail. During my time in Fast Food, I've met more than a few workers who LOVED working minimum wage fast food. Mind you, they were mostly shift managers and acted like Ryan Reynolds character in the film "Waiting", but they exist.
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# ? Aug 16, 2015 01:08 |
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Zachack posted:Could this negatively impact the National Park Service? My memories of the food service, cleaning, hotel management, reservations, etc for places as remote as Denali had the non-ranger duties (aside from gift shop iirc as they tended to double as the visitor center) seemingly outsourced to another company. All of those employees suddenly becoming federal employees (assuming they aren't already) would seemingly be a hit to park service budgets, let alone possible logistics requirements. This doesn't impact who pays employees, just who is responsible for their working conditions. And with a lot of these labor rulings, governments are exempt; I don't know if that is the case here. (I would think not, but the government is explicitly exempted from unpaid internship restrictions, so...)
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# ? Aug 16, 2015 03:10 |
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Quorum posted:This doesn't impact who pays employees, just who is responsible for their working conditions. Yes, basically a liability issue. I wonder if they will ever apply this to contract based employees as well (looking at Uber et al).
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# ? Aug 16, 2015 03:15 |
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archangelwar posted:Yes, basically a liability issue. I wonder if they will ever apply this to contract based employees as well (looking at Uber et al). It's looking less and less likely that Uber would fall under a contract scheme.
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# ? Aug 16, 2015 04:01 |
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Interesting development. Nearly all of my coworkers at my company started out as permatemps and then worked their way into the company from the staffing agency. One of my coworkers was a temp for almost 4 years because she refused an offer from the company to work on the phones. As a result, they punished her by on as a temp through the agency for a few years until an opening appeared.
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# ? Aug 16, 2015 04:05 |
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Kim Jong Il posted:I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes. 2015 economy where I can get on my smartphone, order something made by a robot, and have it delivered to my house by a drone. computer parts posted:It's looking less and less likely that Uber would fall under a contract scheme.
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# ? Aug 16, 2015 04:14 |
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Kim Jong Il posted:I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes. If it were cheaper to hire robots, they would have done so by now. It is clearly not, and won't be for some time.
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# ? Aug 16, 2015 04:31 |
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Shifty Pony posted:Would this have an effect on the H1B abuse where companies get around the ban on replacing workers with visa holders because the new employees don't work for the company but are instead employed by companies like Infosys and Tata?
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# ? Aug 16, 2015 04:40 |
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Kim Jong Il posted:I support the workers in this case, but it's pretty obvious that fast food if not all retail is going to get hit hard by automation in response to these pushes. Like the self-checkout lines at grocery stores that are neither faster nor cheaper than an actual worker? Good, I hope McDonalds makes McRobots and they go bankrupt against a company that actually pays their workers a decent wage.
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# ? Aug 16, 2015 04:44 |
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Rand alPaul posted:Like the self-checkout lines at grocery stores that are neither faster nor cheaper than an actual worker? Good, I hope McDonalds makes McRobots and they go bankrupt against a company that actually pays their workers a decent wage. They're getting faster again because everyone realizes they suck so much that there's hardly ever a lineup for them. I'm still waiting for the vending machine that can make me a pizza from scratch, like I was promised a few years ago. Where's my pizza, assholes?
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# ? Aug 16, 2015 04:47 |
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PT6A posted:They're getting faster again because everyone realizes they suck so much that there's hardly ever a lineup for them. Was it this one? https://www.youtube.com/watch?v=Pyrav_9Pbsc
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# ? Aug 16, 2015 04:53 |
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Berk Berkly posted:Was it this one? Yeah, that's the one. Apparently it's actually a real thing, but I've never seen one in real life.
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# ? Aug 16, 2015 04:58 |
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Man they really stress "human-free". Either its a front for some soylent-pizza cartel or the weird snobby-accent lady is one of the secret AI overlords of the world.
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# ? Aug 16, 2015 05:09 |
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computer parts posted:It's looking less and less likely that Uber would fall under a contract scheme. They seem to be getting some loses in Cali local, but outside of that I am not so sure. This decision seems like it could guide the narrative in the right direction at least.
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# ? Aug 16, 2015 05:12 |
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Quorum posted:This doesn't impact who pays employees, just who is responsible for their working conditions. And with a lot of these labor rulings, governments are exempt; I don't know if that is the case here. (I would think not, but the government is explicitly exempted from unpaid internship restrictions, so...) Unless I'm massively misreading one of the issues is that the change will impact franchises to the point where the mothership corporation will simply retract all control from the franchisee in order to eliminate danger of labor violations, and in doing so employees of McDonalds #2311 will functionally become employees of McDonalds #1. If not exempted, the NPS would seem to have a similar problem - either absorb all the employees working for a contracted vendor operating in a park in order to ensure against labor violations or risk lawsuits resulting from vendor misbehavior. Similarly, government buildings that use private security would presumably want to restaff with LEO of some sort, which on the face would be good (actual training, powers, pay, etc) but would at a minimum have a rocky transition period and depending on site may ultimately be worse (my building would probably go back to no security and I don't know that getting actual LEO would be an improvement).
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# ? Aug 16, 2015 05:16 |
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Wait do people not like self-checkouts? I can self checkout in the same amount of time that it takes one of the clerks to do it except people don't take very large amounts of groceries into them so there's never a line up and I don't have to look at or talk to another person, which is a huge bonus for me.
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# ? Aug 16, 2015 06:36 |
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Replacing workers with machines is good. Raising the minimum wage to $15 will do little to drive this trend, sadly.
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# ? Aug 16, 2015 06:59 |
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ChairMaster posted:Wait do people not like self-checkouts? I can self checkout in the same amount of time that it takes one of the clerks to do it except people don't take very large amounts of groceries into them so there's never a line up and I don't have to look at or talk to another person, which is a huge bonus for me. This is what I'm wondering, the self checkout has always been just as fast for me, and not as much of a bottleneck as a normal checkout. That said, looking at other people, I often feel I'm the exception to the rule, and if you're buying produce, figuring out what to enter is not as human friendly as it could be. And waiting to get carded for beer is slow. Additionally fighting the theft prevention scale can be annoying as gently caress. I'm still in favor, and I think the posters in this thread doth protest too much, but I could see it being a wash in the end. That said, it will be interesting to the the shake out of this, I expect apocalyptic whining from business once they get their media message straight. Including the liberal "good ones". Permatemping has been a constant part of my life in the software industry, where contingent staff are referred to as dash trash since their email addresses are prefixed with letters separated by dashes. On one hand, there are some benefits to it since expectations and hourly pay can work against the overworking culture, but you're basically always second class citizens within the company.
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# ? Aug 16, 2015 07:26 |
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The whole "make the parent company liable for labor violations of the franchise" thing is retarded, much like a lot of poo poo the NLRB has pushed (and gotten slapped down for by federal courts) in the past 10-15 years. Some random bureaucrat at the head office obviously has nothing to do with your manager being an rear end in a top hat. Also this entire thing is being pushed by the SEIU, which are gigantic hypocrites given their efforts to destroy locals in California. ugh its Troika fucked around with this message at 08:23 on Aug 16, 2015 |
# ? Aug 16, 2015 08:21 |
-Troika- posted:The whole "make the parent company liable for labor violations of the franchise" thing is retarded, much like a lot of poo poo the NLRB has pushed (and gotten slapped down for by federal courts) in the past 10-15 years.
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# ? Aug 16, 2015 08:40 |
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# ? May 8, 2024 16:30 |
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-Troika- posted:The whole "make the parent company liable for labor violations of the franchise" thing is retarded, much like a lot of poo poo the NLRB has pushed (and gotten slapped down for by federal courts) in the past 10-15 years. Some random bureaucrat at the head office obviously has nothing to do with your manager being an rear end in a top hat. I'm pretty sure the whole idea is to force the companies to actually care about employees they've managed to absolve themselves of responsibility for. The issue is that, right now, companies can indirectly perpetuate all sorts of abuses on their employees then just shrug and go "well they weren't our employees so it isn't our fault." Except that it kind of is. I guarantee you that some companies do in fact know that the companies they are hiring for temp/indirect work are breaking the law or mistreating employees but don't care because it costs them less. Companies really only care about the bottom line and will do literally anything to make more profit. This looks like people are trying to pull the rug out from under at least some of the awful practices.
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# ? Aug 16, 2015 08:53 |