During a relatively sedate hearing to consider the nomination of Lauren McFerran to serve as a member of the National Labor Relations Board, the issue of joint employment and franchisor liability took center stage, at least for the Republican members of the Senate Committee on Health, Education, Labor and Pensions (HELP). 

Last week President Obama surprised many by withdrawing his nomination of former NLRB recess appointee Sharon Block and nominating McFerran, the HELP Committee's chief labor counsel, to replace outgoing member Nancy Schiffer, whose term expires on December 16, 2014. HELP Committee Chairman Tom Harkin (D-IA) began the hearing by noting the Committee had approved Sharon Block's nomination, but lamented "it was withdrawn in the face of circumstances totally beyond her control." Ranking member Lamar Alexander (R-TN), however, considered the withdrawal of Block's nomination a "gesture of respect" to the Senate following the Supreme Court's decision in Noel Canning that Block's recess appointment was unlawful.   Continue reading this entry at Littler's Workplace Policy Update.