ICYMI: The Economy Was Just Restructured

 

capital buildingIn recent years the iconic Capitol building has been draped in scaffolding due to a needed restoration, the first improvements since 1959-1960 to the symbol of American democracy. From afar the dome has always appeared to be a brilliant beacon conveying American exceptionalism. On a closer look, behind the countless coats of paint and patchwork, the age and weather have taken its toll. The repairs to preserve the dome will allow the Capitol to continue to shine for future generations.

For denizens of and visitors to Washington, DC, or news junkies who see the scaffolding in the digital backgrounds of daily newscasts, it’s a stark visual reminder that America itself is under reconstruction. The national “restoration” project is now in its seventh year. The steward of America’s reconstruction is perhaps the most successful President we’ve seen in our lifetimes, if you define success as achieving an agenda.

Historically, the final two years of a two-term Presidency have been the least effective time, filled with scandals and voter apathy. The “lame duck” is simply a placeholder while the country moves its attention to his replacement in the oval office. For this reason, lame ducks can be dangerous. They are old news. The press focuses on shinier, red-hat covered wayward tresses.

Meanwhile, barely reported new business changes were quickly swept under the rug by the Trump-obsessed media: This week the Obama-stacked National Labor Relations Board passed what may be the most significant change to private business we have ever seen.

The Obama administration is redefining what it means to be an employer.

The National Labor Relations Board (NLRB) on Thursday handed down one of its biggest decisions of President Obama’s tenure, ruling that companies can be held responsible for labor violations committed by their contractors.

While the ruling from the independent agency specifically deals with the waste management firm Browning-Ferris, the so-called “joint employer” decision could have broad repercussions for the business world, particularly for franchise companies.

Opponents of the action warn the ruling could hurt businesses as diverse as restaurants, retailers, manufacturers and construction firms, as well as hotels, cleaning services and staffing agencies.

“This decision has broad implications, as it appears to upend decades of settled law defining who the employer is under the National Labor Relations Act,” said Randy Johnson, a senior vice president at the U.S. Chamber of Commerce.

Restaurants could see the biggest changes. Fast food chains such as McDonald’s and Burger King will likely assert more authority over — or even cut ties altogether with — local franchise owners, business advocates say.

The implications of this decision cannot be underestimated. If you run or plan on owning a franchise your employees may ultimately have collective bargaining rights with every other employee of other private franchises under the same name. Instead of running a business with 15 employees, which allows you to dictate pay and benefits, you are now under the thumb of the unions who see you as a large corporation which should run as such.

The small-business friendly NFIB (who sued the administration over Obamacare) stated:

A decision this afternoon by the National Labor Relations Board (NLRB) could wipe out thousands of subcontractors and franchise businesses by treating their employees as direct employees, said the country’s leading small business advocate today.

“If this decision stands the economic rationale for hiring a subcontractor vanishes,” said Beth Milito, Sr. Legal Counsel for the National Federation of Independent Business (NFIB).  “It will make it much harder for self-employed subcontractors to get jobs and of course it will drive up operating expenses for the companies that hire them.”

Forgetting for a moment the significant disincentive for entrepreneurs to invest their capital and resources into new business start-ups, the restructuring of what it means to be a small business is chilling.

The decision will most likely be fought in court and hopefully overturned.

Meanwhile, the West Wing is exhilarated to see another one of their methods of fundamental transformation become a reality. Next time you are feasting on Trumpisms, look on page E-12 … or you will probably miss the closing of Guantanamo.

Published in Economics
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  1. Ball Diamond Ball Member
    Ball Diamond Ball
    @BallDiamondBall

    They’re trying to figure out here to put the American Race Wars National Memorial.  Unfortunately, the whole project is behind schedule, but they have top men on it.

    Top.   Men.

    • #1
  2. David Sussman Member
    David Sussman
    @DaveSussman

    BDB,

    Is that dusty warehouse where they are storing America’s spirit?

    btw: I was indie before it was cool.

    • #2
  3. James Madison Member
    James Madison
    @JamesMadison

    The most alarming thing was to fight a civil war over slavery and then allow it to be institutionalized bit by bit by the choking off of liberty of contract.

    • #3
  4. David Sussman Member
    David Sussman
    @DaveSussman

    James Madison:The most alarming thing was to fight a civil war over slavery and then allow it to be institutionalized bit by bit by the choking off of liberty of contract.

    Wonder how Madison would view his checks and balances today.

    • #4
  5. James Madison Member
    James Madison
    @JamesMadison

    David Sussman:

    James Madison:The most alarming thing was to fight a civil war over slavery and then allow it to be institutionalized bit by bit by the choking off of liberty of contract.

    Wonder how Madison would view his checks and balances today.

    Broken.

    • #5
  6. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    The pivotal question seems to be: Will this decision be in effect during the appeals process or will it be judicially suspended until validation?

    If the former, then the recent Wall Street plunge over Chinese corrections was just a tremor before the real quake.

    • #6
  7. David Sussman Member
    David Sussman
    @DaveSussman

    Aaron Miller:The pivotal question seems to be: Will this decision be in effect during the appeals process or will it be judicially suspended until validation?

    If the former, then the recent Wall Street plunge over Chinese corrections was just a tremor before the real quake.

    Good question and one I can’t answer. The Unions would love nothing more than to unionize millions of private small business employees. The Admin has stacked not only the NLRB but also the courts. Hopefully there are enough judges left who will stop this insanity.

    • #7
  8. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    This is devilishly brilliant politics by the Obama Administration. They delay the most egregious parts of Obamacare, by fiat, until the next President’s term. And here’s another economic frag mine set to explode about the time that the power changes hands.

    If a Republican is elected President next year and doesn’t make aggressive use of his executive powers, as President Obama has done, then Democrats and liberal journalists will ensure that Republicans own the wreckage.

    • #8
  9. Sash Member
    Sash
    @Sash

    When I visited DC in 1993 they had scaffolding all around the dome and the statue on the ground… wasn’t that restoration?

    • #9
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