Joint Employers

News & Analysis as of

Potential Shareholder Liability Arising From Subsidiary WARN Act Violations

When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company. When the...more

Look Out Below

How Subs Can Cause Problems For General Contractors - The U.S. Labor Department (DOL) often sets its sights up the food chain, focusing enforcement efforts on general contractors (GCs) for the wage violations of their...more

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

The GPMemorandum, Issue 190

In this Issue: - Court Grants Preliminary Injunction Enforcing Covenant Not To Compete Against Former Franchisee - Ninth Circuit Affirms Summary Judgment In Franchisor's Favor - Seventh Circuit Finds No...more

The Next Wave of Joint Employment Litigation

A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their...more

Rumors Of Joint Employer Liability For Frachisors Are Greatly Exagerated

Despite the hand wringing and pontifications that franchisors will now be deemed employers or joint employers of the employees of their franchisees, that is simply not the case. The long held protections enjoyed by...more

"Possible Expansion of Joint Employer Status Would Impact Businesses With Contracted Workers"

As businesses are increasingly using labor contractors and staffing agencies to supply workers, the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) are seeking to expand the...more

On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy Act, 2014 makes some significant changes to several Ontario statutes.  The legislation received Royal Assent on...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

Year in Review: NLRB Edition

With the new year upon us, we have rounded up some of the most important NLRB decisions of 2014. By all accounts, the NLRB was as active as ever in 2014. Its decisions and rulemaking will preoccupy HR and LR professionals in...more

NLRB Complaints Claim McDonald’s USA is “Joint Employer” Liable for Labor Violations by Its Franchisees

The Office of the General Counsel of the National Labor Relations Board (NLRB) issued 13 complaints, on December 19, 2014, against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC (McDonald’s USA), involving...more

For whom the bell tolls: the changing joint employer standard and what it means for your business

The joint employer standard is changing rapidly, and businesses – among them franchisors and investors – need to be aware of the emerging landscape to protect their brands and their bottom lines. The most important...more

NLRB Counsel Files Unfair Labor Practice Charges Against McDonald's Based on Joint Employment of Franchisees' Employees

Last month, the National Labor Relations Board’s general counsel gave notice of its intent to jointly pursue unfair labor practice charges against McDonald’s USA and its various franchisees. Like most franchisor/franchisee...more

U.S. Government Agencies: Santa or Grinch?

Just in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month. Whether those...more

Franchisors Beware: NLRB Seeking to Super-Size Joint Employer Liability

The National Labor Relations Board’s (“NLRB”) General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment. In a move that could have implications for a broad...more

New California Labor and Employment Laws for 2015

Like most recent years, the California Legislature passed and Governor Jerry Brown signed many labor and employment bills into law once again in 2014. Below are highlights of the most significant new laws. Each will become...more

An Undesirable Consequence

An effort by Richard Griffin, the General Counsel (GC) of the National Labor Relations Board (NLRB), to raise wages and otherwise benefit franchise employees may have an unexpected and undesirable consequence: a threat to...more

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

NLRB Claims McDonalds Is “Joint Employer” of Franchisee Employees

On December 19, the National Labor Relations Board (NLRB) issued 13 complaints naming McDonalds as a “joint employer” of the employees at its franchisees....more

Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

NLRB Office of General Counsel Alleges Franchisor Is Liable for Claims of Its Franchisees' Employees

On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

Flash No. 44 - 2014 … A Year In Review

2014 was uncomfortably fast. When did you last write 2013 on a check or a letter by mistake? If you did, rest assured that you are not alone. So, while we still have a few weeks before we have to face the start of a new year...more

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