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National Labor Relations Board › Franchises › Department of Labor (DOL)

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 -
McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

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The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on

In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

Husch Blackwell LLP

NLRB Issues Final Rule on Joint-Employer Status

Husch Blackwell LLP on

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

Fox Rothschild LLP

Franchise Industry Calamity Averted, For Now

Fox Rothschild LLP on

In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and the new Biden Administration guard at the Department of...more

Fox Rothschild LLP

Franchising Threat No. 2: Joint Employment Is BACK!

Fox Rothschild LLP on

The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that focused on “whether the...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Polsinelli

Battle Continues Over Joint-Employment Standards That Affect Franchising

Polsinelli on

Despite recent setbacks, the U.S. Department of Labor (“DOL”) is continuing its efforts to clarify the standard for finding two separate entities to be “joint employers” under the Fair Labor Standards Act (“FLSA”). Under the...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2020 Edition)

Littler on

Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more

DirectEmployers Association

OFCCP Week In Review: March 2020

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Kilpatrick

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

Fox Rothschild LLP

Franchising: Batting A Thousand In Spring Training!

Fox Rothschild LLP on

In my recent post commenting on the Department of Labor’s joint employer rule, I wondered whether the NLRB would follow suit. Now we know, and the answer’s positive. It’s very good news for franchising! As we noted in a...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

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

Foley Hoag LLP

NLRB Issues Narrowed Joint Employer Rule

Foley Hoag LLP on

February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more

Eversheds Sutherland (US) LLP

NLRB issues new rule regarding joint employer status

Eversheds Sutherland (US) LLP on

After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Lathrop GPM on

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

Fox Rothschild LLP

Positive News On The Joint Employer Front!

Fox Rothschild LLP on

In 2014, David Weil assumed the reins at the Department of Labor’s Wage and Hour division. Dr. Weil, an economic scholar, set his sights on the concept of joint employment. In academia, his work focused on what he termed a...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

FordHarrison

Seeking Clarity in a Game of Thrones and Joint Employment

FordHarrison on

With a constant shift in alliances due to necessity, strategy, or treachery, the characters that people Game of Thrones often work in joint-employer arrangements....more

Cozen O'Connor

II-27 - Our 1st Anniversary Special: Bringing Back Our Inaugural Guest to Discuss What Was and What Will Still Be With President...

Cozen O'Connor on

Happy Anniversary! This podcast started one year ago today on February 1, 2017 with Howard Schweitzer prognosticating about what employers can expect with a new President Trump Administration. One year to the day, Howard...more

Littler

House Hearing Explores Legislative Remedy to Joint Employer Confusion

Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Lewitt Hackman

Franchise Law: Burden of Joint Employer Just Got a Little Lighter

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Direct control, indirect control…these are the employment litigation phrases that had franchisors cowering in duck-and-cover positions over the last few years. But the Department of Labor just issued a statement to breathe...more

Carlton Fields

The Potential Impact Of a Trump Presidency on Employers

Carlton Fields on

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

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