News & Analysis as of September 19, 2024

Corporate Counsel

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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 -

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2019

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

‘Twas the 2016 Franchise Renewal Season…and Labor and Regulatory matters are stirring throughout the franchise model

K&L Gates LLP on 2/3/2016

Last year, the franchising industry witnessed developments that significantly affected the core of its business model. These developments stem in large part from both federal and state governments taking a more active role in...more

Fast Facts for Franchisors: The Joint Employer Doctrine – How to Minimize Your Risk

Arnall Golden Gregory LLP on 1/27/2016

Updating your Franchise Disclosure Document, Franchise Agreement and other system documents is more important than ever. In recent decisions, the National Labor Relations Board and the Department of Labor have increasingly...more

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

Seyfarth Shaw LLP on 9/1/2015

The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...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

It’s All in the Family: Shifting Standards for Joint-Employer Liability

Bradley Arant Boult Cummings LLP on 1/20/2015

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

NLRB Office of General Counsel Alleges Franchisor Is Liable for Claims of Its Franchisees' Employees

Faegre Drinker Biddle & Reath LLP on 12/23/2014

On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more

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