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Franchise Labor & Employment

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

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

Joint Employer Standard Relaxed – For Now

by Akerman LLP - HR Defense on

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

NLRB Acts Swiftly to Overturn Multiple Pro-Labor Decisions From Obama Era

It did not take long for the National Labor Relations Board to act on the advice of its new general counsel and upset multiple precedents put in place by the prior majority Democratic board. In a series of 3-2 decisions, the...more

Republican Majority at NLRB Brings Important Pro-Employer Decisions

by Genova Burns LLC on

The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more

FRANCHISOR 101: NLRB: Out With the New

by Lewitt Hackman on

On December 14, 2017, the National Labor Relations Board (Board) in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) expressly overruled the divisive joint-employer standard adopted by Browning-Ferris...more

NLRB Reverses Browning-Ferris and Re-Establishes More Limited Standard for Determining Joint Employer Status

by Hirschfeld Kraemer LLP on

On December 14, 2017, the National Labor Relations Board (the “NLRB” or “Board”) decided Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”), reversing its 2015 decision in Browning-Ferris...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

by Steptoe & Johnson PLLC on

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

Busy Week at the NLRB | Labor and Employment Law

by Downs Rachlin Martin PLLC on

Last week, the NLRB issued 14 decisions and the General Counsel (a/k/a Peter Robb, our former partner) initiated rule-making procedures to revise the “quickie election” rule. Here is a summary of the most important changes...more

NLRB’s New General Counsel Signals Major Policy Changes Are On The Way

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB Rolls Back Expansive “Joint Employer” Standard

by Barley Snyder on

In a 3-2 vote along party lines, the Republican-appointed National Labor Relations Board members overruled the joint employer standard set during the Obama era. The vote reverts to a more stringent test under which employers...more

An Early Holiday Gift to Employers: Newly Constituted NLRB Overturns Two Pro-Employee Decisions

by Pepper Hamilton LLP on

On December 14, the Republican-majority National Labor Relations Board (NLRB) issued two employer-friendly decisions that reversed pro-employee rulings. In each 3-2 decision, the two Democratic members of the NLRB — Mark...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

by Hogan Lovells on

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

by Franczek Radelet P.C. on

Recently, we noted that the winds of change are blowing at the NLRB. Last week, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer...more

Trump’s NLRB Makes Resolutions for the New Year: Rolls-Back Standards on Handbooks and Joint Employment Status

by PilieroMazza PLLC on

In a flurry of decisions issued last week, the National Labor Relations Board (the “Board” or “NLRB”) overruled several Obama-era precedents, including decisions on handbook policies and joint employer standards. While...more

NLRB Overturns Browning Ferris Joint Employer Standard

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (December 14, 2017), by a 3-2 vote, the National Labor Relations Board (NLRB or Board) overturned its 2015 decision in...more

A Return to Clarity: Traditional Joint Employer Test Reinstated

by Proskauer - Labor Relations on

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...more

The NLRB Adopts New Standards for Analyzing Workplace Rules and Determining Joint-Employer Status

The recent addition to the National Labor Relations Board (the “Board”) of two new members appointed by President Trump has altered the balance of power at that agency. This change was reflected on December 14, 2017, when the...more

Browning-Ferris Joint Employer Standard Reversed By NLRB

by Fox Rothschild LLP on

On December 14, 2017, the NLRB issued a decision in Hy-Brand Industrial Contractors that caused a collective sigh among employers. The decision rolls back the joint employer standard to what it was before Browning-Ferris...more

Explanation of the DOL's Proposed Rules on Tips

by Franczek Radelet P.C. on

There’s been plenty of press regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips. Commentators are debating whether the proposed changes are a sensible return to the four corners of...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

by Littler on

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

The DOL Proposes to Cut Tip-Pooling Restrictions

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) is proposing new rules that would provide some employers with more flexibility to count tips toward the federal minimum wage—particularly important for hospitality industry businesses such...more

Tip-Pooling Expansion on the Horizon

The U.S. Department of Labor (DOL) has proposed to roll back regulations enacted in 2011 that limited tip-pooling arrangements under the Fair Labor Standards Act (FLSA). The proposed rule was published December 5 in the...more

Extension of DOL Fiduciary Rule is Official and some Guidelines for Documenting Rollovers

by Liskow & Lewis on

he Department of Labor officially announced the 18-month extension of the effective date of the key, and most onerous provisions, of the DOL Fiduciary Rule (until July 1, 2019). The announcement was made on November 29, 2017....more

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

by Littler on

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

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