Mr. Speaker, I urge Members to vote ``no'' on the Republican effort to roll back the joint-employer rule that the Obama administration promulgated. This joint-employer rule is an attack on workers, and it is an attack on franchisee…
Mr. Speaker, I urge Members to vote ``no'' on the Republican effort to roll back the joint-employer rule that the Obama administration promulgated. This joint-employer rule is an attack on workers, and it is an attack on franchisee businesses.
For people watching, Mr. Speaker, understand that when a franchisor, the big headquarters, tells a franchisee, ``You have got to do every single thing we tell you. You basically work for us. We are going to tell you the size of the sandwich. We are going to tell you the kind of oil to use. We are going to tell you how to schedule your workers. We are going to, basically, control your enterprise, though you are supposed to be an independent business,'' the Obama administration said, ``We are going to treat you as if you are joint employers.'' So if there is wage theft or there is unfairness on the job or some problem that comes up with workers, then the big company, the headquarters, will also be held responsible for solving the problem.
What the Republicans do today, Mr. Speaker, is say: ``No, we might impose all these conditions on you per the franchisee agreement, but, if there are problems, it is going to be your problem, franchisee.''
This is absolutely unfair. As workers are going all over this country trying to get higher wages, this is a whole movement for them to get livable wage for people who work every single day at our fast-food chains. They are going to their local franchisee owners to ask for those wages.
But if the franchisor says: ``You can't pay any more than this. We are going to restrict you in multiple number of ways. We are going to make you sell food items at a cost that you can't even sustain, like the dollar menu''--those things cost more than a dollar, folks. But if the big headquarters says you have got to charge a dollar as a promotion, then the franchisee has to eat that.
But when workers need more money, the big company makes that impossible, and then workers are left holding the bag along with the franchisee.
The joint-employer rule, holding both sides responsible for those wage thefts to pay for hours, these things make a more fair process and require the big headquarters to take responsibility as well.
I urge a ``no'' vote on this. This is an antiworker bill. This is an anti-small business bill, which is somewhat surprising to me, given that my friends on the other side of the aisle say they are for small business, but, really, they are just for big business. If you have any doubts about that, all you have got to do is look at this tax bill they are putting out there.
Mr. Speaker, I include in the Record this letter from United Steelworkers urging a ``no'' vote on the joint employer bill.
United Steelworkers,
Pittsburgh, PA, November 1, 2017.
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the 850,000 members of
the United Steelworkers (USW), I strongly urge you to oppose
H.R. 3441, the ludicrously named ``Save Local Business Act''.
The bill has virtually nothing to do with small businesses
but will greatly restrict the definition of employer under
the Fair Labor Standards Act (FLSA).
Targeting a National Labor Relations Board decision,
Browning-Ferris Industries, H.R. 3441 is not only drafted to
repeal a decision where the employer tried to avoid
collective bargaining responsibilities through
subcontracting, but radically changes the Fair Labor
Standards Act. Currently, under the FLSA, employers cannot
hide behind labor contractors or franchisees when they set
conditions of employment. H.R. 3441 strips nearly a century
of workforce protections to give large employers almost
unfettered ability to hide from long established employer
responsibilities.
The rise in temporary or precarious work in the United
States is fast becoming an unfortunate norm in the economy. A
recent study on the rise of temporary employment found the
proportion of American workers engaged in ``alternative
work'' jumped from 10.7% to 15.8% in the last decade. When in
the last decade 94% of net job growth is in the alternative
work category, workers continuously find themselves unable to
seek remedy for their grievances or an ability to
collectively hold their ultimate employer accountable. H.R.
3441 will accelerate the growth of job-instability as
employers will be able to manipulate the system to avoid
collective bargaining by hiring temporary employees or
contractor employees.
Congress' responsibility to American workers in this time
of rising income inequality and precarious work must be to
improve access to collective bargaining and stop employer
circumvention of U.S. labor laws, not to weaken them. H.R.
3441 strips workers of another tool to hold their employers
accountable. A vote for this legislation is a vote against
working people and the right to democratic representation in
the workplace. I urge you to vote no on H.R. 3441.
Sincerely,
Leo W. Gerard,
International President.