Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill, the court and beyond. It’s Thursday evening here in Washington and lawsuits are mounting against President Trump’s travel ban. Read about those here.
THE BIG STORY
The nation’s second most powerful court grappled Thursday with whether to uphold a National Labor Relations Board (NLRB) ruling that changed the definition of a joint employer.
Judge Patricia Millett of the D.C. Circuit Court of Appeals said she didn’t understand how the joint-employer status works under the board’s new definition.
A three-judge panel heard arguments in a case involving Browning-Ferris Industries (BFI).
The California waste management company is challenging the NLRB’s 2015 ruling that a company is considered a joint employer with a contractor if it has “indirect” control over the terms and conditions of employment or has the “reserved authority to do so.”
For the past 30 years, a company was only considered a joint employer if it had “direct” or “complete control.”
{mosads}The 3-2 decision forced BFI to recognize and bargain under the National Labor Relations Act with the employees of Leadpoint, the company it hired to operate a portion of the Newby Island Landfill on the shores of the San Francisco Bay.
During arguments, the judges wrestled with what can be considered “indirect” control.
“Can you tell me what indirect control means?” Millett asked NLRB attorney Joel Heller.
Heller argued that using a Leadpoint supervisor as an intermediary to relay orders can establish joint-employer status. He said there was evidence that BFI told Leadpoint supervisors to move certain employees to specific recycling lines.
Judge Raymond Randolph asked if he’d be considered a joint employer if he owned a restaurant and needed an exterminator to come in, but said the exterminator could only come in when the restaurant is closed.
Heller noted that BFI hired Leadpoint to do the core work of the business, not a niche job.
A number of business groups have opposed the NLRB’s decision, claiming it would subject a large number of owners, including many franchises to liability for workers they don’t directly employ.
Click here for more on the hearing.
TOMORROW’S REGS TODAY
Keep an eye on these rules in Friday’s edition of the Federal Register
–The Consumer Financial Protection Bureau (CFPB) will consider new rules for credit cards.
The CFPB will review practices employed by credit card issuers, which could lead to future rulemaking. The review stems from the Credit Card Accountability Responsibility and Disclosure Act.
The public has 90 days to comment.
–The Department of Education will delay a controversial Obama-era regulation for colleges.
The Education Department’s gainful employment regulations measure the job status and salaries of each school’s graduates to determine whether they were provided an adequate education. But the agency says colleges do not have to comply with the disclosure requirements until July 1.
–The Federal Communications Commission (FCC) will propose new rules for television broadcasters.
The rules would allow broadcasters to use the “‘Next Generation’ broadcast television transmission standard,” according to the FCC.
“The new standard has the potential to greatly improve broadcast signal reception and will enable broadcasters to offer enhanced and innovative new features to consumers,” the agency says.
The public has 60 days to comment.
NEWS RIGHT NOW
EPA head questions agency’s right to target carbon emissions
EPA’s environmental justice head resigns
Senate GOP votes to nix Obama-era education rules
FCC promises investigation into 911 outage for AT&T customers
Trump’s labor pick releases finances
EPA chief: Carbon dioxide isn’t a ‘primary contributor’ to global warming
Senate advances Trump’s Medicaid, Medicare pick
House committee passes two EPA science bills
Uber to stop using program to evade regulators
ACLU challenges warrant to search Facebook page of Dakota Access opponents
Budget referee caught in ObamaCare crossfire
Why the Congressional Budget Office is at the center of the healthcare fight – The Washington Post
Washington restaurant sues Trump over alleged unfair hotel competition – Reuters
Boston St. Patrick’s Day Parade organizer to reconsider ban on gay veterans group – NPR
BY THE NUMBERS
9: Proposed rules
12: Final rules
(Source: Friday’s Federal Register)