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The National Labor Relations Act › Hiring & Firing › Franchisee

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

FordHarrison

Supershuttle Transports Independent Contractor Status into the Spotlight

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On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more

Polsinelli

Back to the Future (Again): NLRB Returns to Traditional Independent Contractor Test

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On January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) in SuperShuttle DFW, Inc. (367 NLRB No. 75), overruled the Obama-era 2014 FedEx Home Delivery (361 NLRB 610) decision and returned to its traditional...more

Lewitt Hackman

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

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The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Foley & Lardner LLP

Labor Board Moves to Clear the Confusion on Joint Employment

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On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

Foley & Lardner LLP

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

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On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

Sheppard Mullin Richter & Hampton LLP

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

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The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more

Fisher Phillips

Labor Board Proposes Complete Overhaul To Joint Employment Rule

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In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more

Seyfarth Shaw LLP

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

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Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

Saul Ewing Arnstein & Lehr LLP

Divided NLRB Adopts New Standard for Determining "Joint Employer" Status

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In what is widely viewed as yet another victory for organized labor at the National Labor Relations Board ("Board"), last week the Board issued a decision lowering the bar for determining when two or more employers may be...more

Robinson & Cole LLP

Board’s Decision Revises Joint-Employer Status Test

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On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

Perkins Coie

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

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Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the...more

Polsinelli

NLRB Expands “Joint Employer” Definition

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In a pivotal decision on August 27, the National Labor Relations Board “refined” its test for determining joint-employer status, broadening the scope of employers subject to joint collective bargaining and concerted activity...more

Perkins Coie

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

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The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

Ballard Spahr LLP

NLRB Adopts New Joint Employer Standard

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The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

Franczek P.C.

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

Franczek P.C. on

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

FordHarrison

NLRB Adopts New Broader Joint-Employer Standard

FordHarrison on

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

BakerHostetler

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

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Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective...more

Morgan Lewis

NLRB Vastly Expands Its Joint-Employer Standard

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The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

Littler

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

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The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

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