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View Diary: Denny's CEO not happy about franchisee's Obamacare surcharge threats (214 comments)

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  •  I can't say it any better than I did... (20+ / 0-)

    ...a few months ago.  (In the past, I would think there would be some possible legal recourse when an employer threatended cutting hours to parttime to skirt a new law.  Now?? Bagger please!)
    It's not enough that business owners draw the "job creator" title like a gun, and bludgeon us about the head and face repeatedly with it.    No, they also have the legislators and the juidiciary running interference that they do not need.

    From Aldus Shrugged:
    "...
    He ain’t heavy, he’s my corporation…

    The new corporate culture and the pro-business judicial environment allow big corporations to game every part of the system.  A great example is found in giant retailers contracting out millions of warehouse labor positions, instead of expanding their own real - W2 - workforce.  The money they save on employee benefits is substantial, and deserved.  This is Capitalism, after all.  But the Supreme Court has held that liability does not cross lines of corporate entities, and various stores among the same large corporation; let alone different companies altogether.  Those out-sourced contract workers are a great example of all of this.  They labor under the banner and logo of the prime contractor:  the big name retailer, always a huge household name we all know.  And it’s not as if that big name company is out of the picture.  The contract workers regularly get visits and pep talks directly from managers of the big name retailer, even though they work for XYZ Contracting Corp, or some unknown entity like that.  So, legally speaking, there is a lot of mixing of entities and crossing of lines going on.  Historically, this mixing and crossing of lines opens doors to all kinds of liability.  But the current Supreme Court won’t let that happen.  And of course, in the rush for profit maximization at any cost, the lowly contract employees get abused and overworked.  And these days, they can’t do anything about it…like back in 1910.   This means that most large companies can act with impunity and feel very secure.  And still, they complain and lobby for more protections; and as an extra sand-kick in the face, tort reform continues to be a disingenuous GOP talking point that will save the economy.  Relax, my corporate brother from another conglomerate:  Nobody seems to be piercing any corporate veils these days.  Plus, mom always liked you better.
    ..."

    Aldus Shrugged : The Antidote to Ayn Rand. Tear Ayn, the GOP, and Fox News new orifices; laugh and enjoy. @floydbluealdus1

    by Floyd Blue on Tue Nov 20, 2012 at 08:55:37 AM PST

    •  Floyd - I agree with much of what you noted (4+ / 0-)

      However, there is one more element that has gone into the outsourcing trend. Companies have tried to understand what in their business is the real core competence that gives them a competitive advantage? Where does the intellectual capital reside, inside the company, that makes a real difference in the ultra competitive marketplace? Once they define those skills and that competence they don't want to spend management time on the other parts of the operating business, or supply train, so those are optimized or outsourced or both. This is why we have seen just in time inventory management and the outsourcing of functions like warehousing and shipping.  

      I believe that historically the courts have looked through the corporate shell when the the companies had the same ownership, but I am unaware of a time when the courts viewed as a single company a customer and service provider, even on an exclusive basis, if they didn't have common ownership. My understanding of the Walmart relationship with the warehouse companies is that Walmart has no ownership of the service providers.

      "let's talk about that"

      by VClib on Tue Nov 20, 2012 at 10:27:21 AM PST

      [ Parent ]

      •  There is no ownership. (2+ / 0-)
        Recommended by:
        VClib, kurt

        In the instant case above, Walmart (the large unnamed retailer we all know) has a contractual relationship ONLY with its warehouse subs.  However, historically, this contractual relationship actually meant something, ESPECIALLY when the lines dividing the entities are repeatedly blurred by meetings with contractor employees that are led by the prime company, prime company logos all over the warehouse, that sort of thing.

        My point also is that even within one company (walmart again), the supreme court has limited class-action status on the basis that even individual stores within the same company cannot be grouped under the home banner for litigation purposes.  In other words they maintain that it is unreasonable to expect that company policies and management policies can be communicated effectively across an entire large company with multiple locations, and that no commonality exists between hostile workplaces AT THE SAME COMPANY in various cities.

        This is insane!

        Aldus Shrugged : The Antidote to Ayn Rand. Tear Ayn, the GOP, and Fox News new orifices; laugh and enjoy. @floydbluealdus1

        by Floyd Blue on Tue Nov 20, 2012 at 11:25:07 AM PST

        [ Parent ]

    •  There was a comment, or it was in a diary, (2+ / 0-)
      Recommended by:
      splashy, kurt

      about  keeping employees at 30 hours or less.  If they worked 34 hours, they would be told to claim only 30 hours, and claim the extra four hours on their next time card,  when they were only allowed to work twenty six hours.

      Time is a long river.

      by phonegery on Tue Nov 20, 2012 at 10:48:04 AM PST

      [ Parent ]

      •  Apparently happening all over retail. n/t (0+ / 0-)

        The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

        by pelagicray on Tue Nov 20, 2012 at 05:21:07 PM PST

        [ Parent ]

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