News & Analysis as of

Joint Employers

Key California Employment Law Cases: March 2018

by Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

What to Expect From the NLRB and Its Newly Confirmed Chairman

by Faegre Baker Daniels on

The National Labor Relations Board (NLRB) has been deadlocked for a few months, but the confirmation of John Ring to the NLRB’s final vacancy may pave the way for an uptick in NLRB decisions. The appointment of Ring as NLRB...more

Top Five Labor Law Developments For March 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more

Beltway Buzz - April, 2018 #2

Ryan Retires. House Speaker Paul Ryan (R-WI) announced on April 11 that he won’t seek reelection in November. While Ryan is much more of a budget wonk than a labor guru, the Buzz will be monitoring the impacts of this...more

Labor Board Poised To Even Playing Field Once Again - John Ring’s Confirmation Gives NLRB 3-2 Republican Majority

by Fisher Phillips on

With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more

Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more

Here We Go Again: Browning-Ferris Revisited

As a result of recent activity at the D.C. Circuit and the National Labor Relations Board (the “NLRB”), the joint employer standard is in a state of flux. On April 6, 2018, the D.C. Circuit decided that it will review the...more

An End to the McDonald’s Joint Employer NLRB Litigation

by Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Beltway Buzz - March, 2018 #5

It’s spring recess in D.C., and the Senate and House will be off for two weeks. While the recess means lighter traffic, it doesn’t mean that the labor and employment policy machine grinds to a halt....more

FRANCHISOR 101: Liability as Certain as Death & Taxes

by Lewitt Hackman on

Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor's control over franchisees. This is a challenge in a professional services franchise, where the brand is...more

Key Takeaways from the NLRB’s Flip-Flop on Joint Employment Standards

by K&L Gates LLP on

The National Labor Relation Board’s (“NLRB’s” or “Board’s”) standards for determining joint employment are in flux. In Browning-Ferris Industries, the Obama-era Board overturned three decades of precedent that limited joint...more

The NEW NLRB: Positive Progress, But One Big Stumble

by Nexsen Pruet, PLLC on

New NLRB Leadership - The National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more

Beltway Buzz - March, 2018 #4

Omnibus Speeds Through. More than six months into the current fiscal year, earlier today President Trump signed a massive omnibus spending bill that will fund the federal government through September 30. This means that a...more

2018 Omnibus Funding Bill Keeps Government Open, Minus the Critical Joint-Employer Rider

On March 23, 2018, the last day before a potential government shutdown, Congress passed and the president is expected to sign a massive $1.3 trillion omnibus spending bill to fund the federal government through fiscal year...more

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status

by Franczek Radelet P.C. on

On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. ...more

Avoiding the Blame Game: How to Avoid Liability for Other Companies’ Employees

by Bryan Cave on

Retailers often hire labor hired by outside vendors, such as employees who stock shelves, take inventory, or provide cleaning, security or deliver services. Retailers should consequently be keenly aware of various joint...more

Beltway Buzz - March, 2018 #3

If, like the Buzz, your bracket is already busted, please take a break from the games and spend a few minutes reading about what happened in labor and employment policy in D.C. this week. Fiduciary Rule Vacated. On March...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The DOJ is expanding its Wells Fargo sales probe into the bank’s wealth management division, a troubling move for an organization still trying to right the ship in its retail-banking unit where the sham-account scandal...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

N.L.R.B. “Joint” Disarray – Why That Matters to Manufacturers

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.” Recent events at the National Labor Relations Board call that apt quote to mind. ...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Beltway Buzz - March, 2018 #2

DACA Deadline Day. To the surprise of almost no one, March 5 has come and gone, and Congress did not reach a deal on the Deferred Action for Childhood Arrivals (DACA) issue. This Congress has enough trouble agreeing on...more

Working Wise: Recent Developments at the NLRB

by K&L Gates LLP on

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

Top Five Labor Law Developments For February 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more

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