It’s been a busy spring at the California state capitol. Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out. The bill would essentially create joint liability for...more
4/21/2023
/ California ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Liability ,
Labor Law Violations ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
Wage and Hour
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more
On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more
2/27/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). The final rule is scheduled to be published in the...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Rulemaking Process ,
Wage and Hour
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more
9/26/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Due Process ,
Dynamex ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
Question of Law ,
Retroactive Application ,
State Labor Laws
In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more
7/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Vicarious Liability
On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more
1/2/2019
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more
7/14/2017
/ Browning-Ferris Industries of California Inc. ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Small Business
On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more
12/7/2016
/ Affordable Care Act ,
Background Checks ,
Cell Phones ,
Commuter Tax Benefits ,
Criminal Background Checks ,
Criminal Records ,
Data Breach ,
Decriminalization of Marijuana ,
Disclosure Requirements ,
Domestic Workers ,
Employee Benefits ,
Employee Restrooms ,
Employment Authorization Documents (EAD) ,
Employment Discrimination ,
Equal Pay ,
Executive Compensation ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Firearms ,
Forum Selection ,
Franchises ,
Gender Discrimination ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Immigrants ,
Investment Management ,
Joint Employers ,
Juvenile Justice System ,
Labor Law Violations ,
LGBTQ ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Leave ,
Payroll Records ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Retirement Plan ,
Sick Leave ,
Silica ,
Smoking Bans ,
Social Media Policy ,
Transportation Industry ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Injury ,
Workplace Safety
A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more
10/6/2015
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Temporary Employees ,
Wage and Hour
Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...more
9/30/2015
/ Browning-Ferris Industries of California Inc. ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
NLRA ,
NLRB ,
Subcontractors ,
Subsidiaries ,
U.S. House ,
Wage and Hour
During a May 14 Senate Appropriations Subcommittee hearing to discuss the National Labor Relations Board's FY 2016 budget, NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to...more
On August 28, 2014, the Supreme Court of California, in Patterson v. Domino's Pizza, LLC, decided whether a franchisor was entitled to summary judgment on the plaintiff's claims that the franchisor was vicariously liable for...more
In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent...more