Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But when you get older, there are laws and rules, and they’re written down. Everyone knows what the rules are, and everyone has to play by those rules.“
Fast-forward to adulthood and the business world. The law is written down. When there are ambiguities, the courts rule. Their decisions can be relied upon. The American economy requires predictability. Businesses know the rules and can operate within the bounds of those rules.
And then there’s labor law. Hahahahaha!
The National Labor Relations Board doesn’t care about your rules and predictability. The NLRB has expressed its frustration with the composition of the modern workforce and the increasing use of staffing agencies and contingent workers. The NLRB believes that these arrangements – a cornerstone of the modern economy – decrease unionization. “But who cares what the NLRB thinks about contingent workers?” you might say. “The rules are the rules, and the 21st-century economy requires the flexibility that a contingent workforce allows.“ Continue Reading