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Appeals Joint Employers

Perkins Coie

National Labor Relations Board Abandons Joint Employer Rule Appeal

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On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of a federal district court’s decision vacating the NLRB’s 2023 joint employer final rule. After the U.S. District Court for the...more

Fisher Phillips

NLRB Abandons Controversial Joint Employer Rule – But Employers Aren’t Necessarily Out of the Woods

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The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more

Foley & Lardner LLP

Texas Court Strikes Down NLRB’s Latest Joint Employer Rule

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As most employers are aware, last year the National Labor Relations Board (NLRB or “the Board”) published its final rule on joint employer status (the “Final Rule”). The Final Rule focuses on shared control, including...more

Proskauer - Labor Relations Update

BREAKING:  Texas District Court Strikes Down NLRA Joint Employer Rule

On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Perkins Coie

Ninth Circuit Applies Integrated Enterprise Doctrine to ADA Claims

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As a matter of first impression, on April 7, 2022, a U.S. Court of Appeals for the Ninth Circuit panel held that two related employers may be treated as one integrated employer to meet the 15-employee headcount threshold...more

Bradley Arant Boult Cummings LLP

2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more

White and Williams LLP

NLRB Legal Chief Signals Joint Employer and Secondary Picketing As Issues To Address in 2022

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Just in time for the holidays, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (GC Abruzzo), has revealed her hand on two specific and oft-debated issues to be taken up by the Board in 2022. While...more

CDF Labor Law LLP

California Court of Appeal Broadens Test For Joint Employer Liability

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On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Lathrop GPM

The Franchise Memorandum - Issue # 261

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Lewitt Hackman

Franchisor 101: New Joint Employer Rule Nixed for Now

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In another twist to the joint employer saga, a United States District Court in New York voided the Department of Labor’s (“DOL”) new rule for joint employment. Eighteen (18) states and the District of Columbia brought a...more

Constangy, Brooks, Smith & Prophete, LLP

Part Of DOL’s “Joint Employer” Rule Is Declared Unlawful By Federal Court

On September 8, a federal judge in the Southern District of New York vacated a portion of the U.S. Department of Labor’s regulations narrowing the scope of “joint employer” status under the Fair Labor Standards Act. According...more

Payne & Fears

Key California Employment Law Cases: March 2020

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Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more

Genova Burns LLC

A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s...

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A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division...more

Payne & Fears

California Court of Appeal Creates Split in Authority Over Scope of Settlement Agreements With Staffing Agencies

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On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more

Parker Poe Adams & Bernstein LLP

What the Labor Department's New Joint Employer Rule Means for Employers in the Carolinas

The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However,...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Cozen O'Connor

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer Of its Franchisee

Cozen O'Connor on

On October 1, 2019, the 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th...more

Manatt, Phelps & Phillips, LLP

Lovin’ It: Ninth Circuit Rules McDonald’s Is Not a Joint Employer

The U.S. Court of Appeals for the Ninth Circuit ruled that McDonald’s is not a joint employer with a franchisee under the definitions found in California Wage Order 5-2001, as it did not have direct control over the store...more

Payne & Fears

California Court of Appeal Provides Further Clarity on Scope of Dynamex

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Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more

Hinshaw & Culbertson LLP

Significant Win for Franchisors as McDonald's Dodges Franchisee Wage and Hour Claims

In a major victory for franchisors, a panel of the Ninth Circuit recently held that McDonald's Corporation cannot be liable as a joint employer for the wage and hour violations of its franchisees. Importantly, the court held...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

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In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

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