News & Analysis as of September 24, 2024

McDonalds

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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 -

The Franchise Memorandum - Issue 249

Lathrop GPM on 1/29/2020

Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Department of Labor Formally Kills Obama-Era Persuader Rule and Joint-Employer News

Benesch on 7/19/2018

Obama-Era Persuader Rule is Finally Dead - On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

Troutman Pepper on 7/28/2016

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more

Joint Employment Challenges Continue in 2016

Maynard Nexsen on 2/11/2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

"A New World for Joint Employers"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/22/2016

A recent trend in labor and employment law is the increase in entities found responsible as employers and the simultaneous expansion of the definition of employees. This is manifesting itself through a new test for joint...more

Five Evolving Issues Confronting Employers in the Hospitality Industry

Epstein Becker & Green on 9/24/2015

As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

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

Littler on 8/18/2015

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

Tennessee Takes Shot at NLRB in New Law Limiting Franchisor Liability

Bradley Arant Boult Cummings LLP on 6/17/2015

Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel of the National Labor Relations Board....more

NLRB Sues McDonalds For Labor Practices of its Franchisees

Dorsey & Whitney LLP on 1/5/2015

2014 – First NLRB Shots Against the Franchise Model. The National Labor Relations Board (NLRB) is considering revising its long-established joint employer test, a change which may threaten the current franchise model....more

U.S. Government Agencies: Santa or Grinch?

Weintraub Tobin on 1/2/2015

Just in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month. Whether those...more

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