News & Analysis as of September 24, 2024

Employer Liability Issues

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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

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

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

McCarter & English, LLP on 9/1/2015

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Hinshaw & Culbertson LLP on 5/20/2015

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all...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 Complaints Claim McDonald’s USA is “Joint Employer” Liable for Labor Violations by Its Franchisees

Perkins Coie on 1/8/2015

The Office of the General Counsel of the National Labor Relations Board (NLRB) issued 13 complaints, on December 19, 2014, against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC (McDonald’s USA), involving...more

NLRB Counsel Files Unfair Labor Practice Charges Against McDonald's Based on Joint Employment of Franchisees' Employees

Parker Poe Adams & Bernstein LLP on 1/5/2015

Last month, the National Labor Relations Board’s general counsel gave notice of its intent to jointly pursue unfair labor practice charges against McDonald’s USA and its various franchisees. Like most franchisor/franchisee...more

Franchisors Beware: NLRB Seeking to Super-Size Joint Employer Liability

Orrick - Employment Law and Litigation on 12/31/2014

The National Labor Relations Board’s (“NLRB”) General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment. In a move that could have implications for a broad...more

NLRB Claims McDonalds Is “Joint Employer” of Franchisee Employees

Goulston & Storrs PC on 12/24/2014

On December 19, the National Labor Relations Board (NLRB) issued 13 complaints naming McDonalds as a “joint employer” of the employees at its franchisees....more

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

Baker Donelson on 12/23/2014

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

NLRB Lawyers Declare Franchisor to be Joint Employer

Parker Poe Adams & Bernstein LLP on 8/5/2014

Last week, the National Labor Relations Board’s general counsel announced its position that McDonald’s Corporation can be considered a joint employer with its franchisees for purposes of unfair labor practice claims. This...more

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