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National Labor Relations Board Franchisee Unfair Labor Practices

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 -
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

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

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

Seyfarth Shaw LLP

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

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Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

Akerman LLP - HR Defense

Catch-22 for Franchisors: The Joint Employment Dilemma

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As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more

Baker Donelson

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

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In the latest development in the National Labor Relations Board's ongoing efforts to redefine joint employer status, the board has determined that an employer (whether franchisee or franchisor) can be named a joint employer...more

Foley & Lardner LLP

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

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For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Pierce Atwood LLP

Is Your Company a Joint Employer?

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Please see Chart below for more information. ...more

Benesch

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

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Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more

Perkins Coie

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

Perkins Coie on

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

FordHarrison

NLRB Adopts New Broader Joint-Employer Standard

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On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

Miller & Martin PLLC

NLRB Issues New Rules on Joint Employment

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In a 3-2 decision involving Browning-Ferris Industries of California (BFI), the National Labor Relations Board (NLRB) refined its standard for determining joint-employer status....more

Littler

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

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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

Hinshaw & Culbertson LLP

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

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

Benesch

Franchise arrangements pose legal problem for NLRB’s proposed joint-employer standard

Benesch on

The National Labor Relations Board’s general counsel, who is recommending that the Board dramatically alter the joint-employer doctrine, admitted that his proposal may run into “a problem legally” when it comes to...more

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