News & Analysis as of

Franchisee Unions

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

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

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

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Rides the SuperShuttle Back to the Common-Law Test for Independent Contractors

On January 25, 2019, the National Labor Relations Board (NLRB) issued an opinion in SuperShuttle DFW, Inc., holding that SuperShuttle DFW franchisees are independent contractors rather than employees and therefore not...more

FordHarrison

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on

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

Fisher Phillips

Labor Board Makes It Easier To Classify Workers As Independent Contractors

Fisher Phillips on

In a significant ruling which will benefit companies, the National Labor Relations Board on January 25th, revised the test it uses for determining whether workers are employees or independent contractors by making it easier...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...

Seyfarth Shaw LLP on

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

Steptoe & Johnson PLLC

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

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

Holland & Knight LLP

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

Holland & Knight LLP on

• 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

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

Foley & Lardner LLP

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

Foley & Lardner LLP on

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Baker Donelson

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

Baker Donelson on

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

Sherman & Howard L.L.C.

Is your Company a “Joint-Employer” under OSHA?

On August 27, the Board issued a blockbuster decision holding that Browning-Ferris Industries of California was a “joint-employer” of the workers supplied by its temporary staffing agency, Leadpoint Business Service. The...more

Goulston & Storrs PC

NLRB Issues Significant Ruling on “Joint Employer” Issue

Goulston & Storrs PC on

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

Bond Schoeneck & King PLLC

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

Womble Bond Dickinson

Labor Day Hot Topics

Womble Bond Dickinson on

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

Benesch

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

Benesch on

Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....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

Dorsey & Whitney LLP

NLRB Issues Long-Awaited Joint Employer Decision

Dorsey & Whitney LLP on

A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more

Saul Ewing Arnstein & Lehr LLP

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

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

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide