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National Labor Relations Board › Franchisee › Employer Liability Issues

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... more +
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 -
Hogan Lovells

U.S. NLRB makes it more likely to deem companies as joint-employers

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The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Morgan Lewis

NLRB Issues New Joint Employer Rule Affirming Expansive Joint Employer Status

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The NLRB recently published its final rule on the standard for determining joint employer status, broadening the circumstances under which separate businesses can be considered joint employers—thereby making them obligated to...more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

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Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

McAfee & Taft

NLRB proposes sweeping changes for 'joint employers'

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The National Labor Relations Board (NLRB) is responsible for overseeing relations between labor and employers for both unionized and non-unionized workplaces and for administering the National Labor Relations Act (NLRA)....more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

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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

Kilpatrick

NLRB Issues New Final Rule on Joint Employers

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Summary - This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obama-era precedent on joint-employer status and making it harder to show that two companies were joint...more

Kilpatrick

National Labor Relations Board Issues New Final Rule on Joint Employers

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This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obamaera precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

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A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Fox Rothschild LLP

ALERT: NLRB Rule Requires Direct Control For Joint Employer Status

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The wait is over: This morning the NLRB announced that it will issue its final rule governing joint-employer status tomorrow, February 26, 2020. According to the NLRB itself, the “final rule restores the joint-employer...more

Foley & Lardner LLP

The Department of Labor’s 2020 Vision: The New Joint Employer Standard under the Fair Labor Standards Act

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A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more

Lathrop GPM

The Franchise Memorandum - Issue 249

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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

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

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In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Benesch

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

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The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more

Foley & Lardner LLP

Entrepreneurial Opportunity and Control - Two Sides of the Same Coin?

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The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more

Cozen O'Connor

The NLRB’s Newest Take on Who Is an Employee under the National Labor Relations Act

Cozen O'Connor on

On January 25, 2019, the National Labor Relations Board (“NLRB”) issued an important decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, 367 NLRB No. 75, Case 16-RC-010963 (Jan. 25, 2019), holding...more

FordHarrison

Supershuttle Transports Independent Contractor Status into the Spotlight

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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

Polsinelli

Back to the Future (Again): NLRB Returns to Traditional Independent Contractor Test

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On January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) in SuperShuttle DFW, Inc. (367 NLRB No. 75), overruled the Obama-era 2014 FedEx Home Delivery (361 NLRB 610) decision and returned to its traditional...more

Fisher Phillips

Labor Board Makes It Easier To Classify Workers As Independent Contractors

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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

Constangy, Brooks, Smith & Prophete, LLP

NLRB Extends Deadline For Comment On Joint Employer Proposal

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On October 30, the National Labor Relations Board extended the period for public comment on its proposed rule concerning joint employment. The new deadline is December 13, and comments on the comments will be received through...more

Lewitt Hackman

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

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The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Jackson Lewis P.C.

Labor Board Seeks Public Comments On Proposed Rule For Determining Joint-Employer Status

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The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority —...more

Foley & Lardner LLP

Labor Board Moves to Clear the Confusion on Joint Employment

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On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

Foley & Lardner LLP

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

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On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

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