About the Author


• Stay on top of new developments


Employers should keep an eye on


whether the NLRB’s expansive rationale is adopted by any other enforcement agency.


For example, the Department of Labor recently issued a memorandum explaining its position that many employees have been misclassified as independent contractors, and the Equal Employment Opportunity Commission has filed an amicus brief in the Browning-Ferris appeal in support of the NLRB’s expansive joint-employer test. All similar decisions warrant monitoring.


• Consider action through trade groups


Many trade groups are working to educate those inside and outside their


industries about the potential effects that these recent NLRB decisions might have. Companies should consider working with relevant trade groups and others to make sure their voices are heard and their concerns are addressed before it is too late.


In order to navigate the new terrain,


employers need to work closely with experts, including in-house and outside counsel. Attorneys with a background in labor


law can help companies understand the risks they face, and how their workforce could be dramatically impacted. Failing to do so may mean that employers could find themselves in the crosshairs of regulators.


Richard D. Alaniz is senior partner at Alaniz Schraeder Linker Farris Mayes, L.L.P., a national labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over thirty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across


the country. Questions


about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz- schraeder.com.


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