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National Labor Relations Board › Franchisors › Corporate Counsel

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 -
Locke Lord LLP

August and September 2019 Independent Contractor Misclassification and Compliance News Update

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There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September...more

Holland & Knight LLP

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

Holland & Knight LLP on

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Reverses Controversial BFI Joint Employer Standard

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Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more

Sheppard Mullin Richter & Hampton LLP

NLRB Overrules Browning-Ferris Joint Employer Standard

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On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more

Dickinson Wright

Joint / Related / Common Employers: Are You at Risk

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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

Obermayer Rebmann Maxwell & Hippel LLP

Fast Food Franchisor may be on the Fast Track to a Decision Concerning Joint Employer Status

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The National Labor Relations Board (“NLRB’) recently issued several precedent-breaking decisions that have the potential to expose franchisors to joint employer liability across the county. On October 12, 2016, a new...more

Arnall Golden Gregory LLP

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

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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

Goulston & Storrs PC

NLRB Issues Significant Ruling on “Joint Employer” Issue

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In December 2014, we reported that the General Counsel of the National Labor Relations Board (NLRB) had issued 13 complaints naming McDonald's as a “joint employer” of the employees at its franchisees. The complaints alleged...more

Perkins Coie

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

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Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the...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

Littler

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

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On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to...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

FordHarrison

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

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In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the...more

Foley & Lardner LLP

Joint Employer Status for Franchisors Sees Some Reprieve, but not Enough yet for Celebration

Foley & Lardner LLP on

We noted last year that, at the behest of its General Counsel Richard Griffin, the National Labor Relations Board was looking to recast the joint employer test under the National Labor Relations Act (NLRA) within the...more

McGuireWoods LLP

New NLRB Advice Memorandum Offers Glimmer of Hope to Franchisors

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On April 28, 2015, the National Labor Relations Board (NLRB) issued an advice memorandum addressing when franchisors can be considered “joint employers” with their franchisees for purposes of the National Labor Relations Act...more

Lewitt Hackman

FRANCHISOR 101: Avoid Liability for Acts and Incidents at Franchisees' Locations

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There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim...more

Benesch

NLRB General Counsel Seeks To Hold Franchisors Liable For Acts Of Franchisees

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In a sweeping departure from existing law, National Labor Relations Board (“Board”) General Counsel, Richard F. Griffin, announced yesterday that he will name McDonald’s USA LLC as a joint employer in dozens of unfair labor...more

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