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National Labor Relations Board › Collective Bargaining › Franchisors

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

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The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Sherman & Howard L.L.C.

The NLRB’s Joint Employer Rule – Warning: Objects [of Liability] May Be Closer Than They Appear

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Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

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On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Polsinelli

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

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On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more

Littler

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

Littler on

The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Perkins Coie

National Labor Relations Board Reverses Course on Joint Employer Test

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The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

Akerman LLP - HR Defense

Joint Employer Standard Relaxed – For Now

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Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

Steptoe & Johnson PLLC

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

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The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

Holland & Knight LLP

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

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• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

Sheppard Mullin Richter & Hampton LLP

NLRB Overrules Browning-Ferris Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on

On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more

Baker Donelson

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

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On, August 27, 2015, the National Labor Relations Board (NLRB) in a 3-2 decision gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships. See Browning-Ferris...more

Goulston & Storrs PC

NLRB Issues Significant Ruling on “Joint Employer” Issue

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In December 2014, we reported that the General Counsel of the National Labor Relations Board (NLRB) had issued 13 complaints naming McDonald's as a “joint employer” of the employees at its franchisees. The complaints alleged...more

Burr & Forman

NLRB Redefines and Broadens the Joint Employment Standard

Burr & Forman on

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

K&L Gates LLP

NLRB Broadens Joint Employment Standard

K&L Gates LLP on

Last week, the National Labor Relations Board reversed long-standing precedent and ruled that a company may be a joint employer of another company’s workers if it has the right to control those workers, even if that right is...more

Holland & Knight LLP

NLRB Delivers New Joint-Employer Standard - Decision Leaves Franchisors, Contractors, Parent Companies, and Other Employers...

Holland & Knight LLP on

The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more

Stinson LLP

NLRB Jettisons Old Joint-Employer Standard: Significant Implications for Employers Using Staffing Agencies

Stinson LLP on

In a decision expected to have far-reaching impact for businesses, the National Labor Relations Board (NLRB) issued a decision on August 27 which alters the test for determining joint-employer status. Browning-Ferris...more

Saul Ewing Arnstein & Lehr LLP

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

Saul Ewing Arnstein & Lehr LLP on

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

Perkins Coie

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

Perkins Coie on

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

Polsinelli on

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

Perkins Coie on

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

Baker Donelson

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

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The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...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

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