News & Analysis as of September 20, 2024

Department of Labor (DOL)

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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 -

NLRB Establishes New Joint Employer Rule

McCarter & English, LLP on 11/20/2023

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

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on 10/30/2023

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

Franchise Industry Calamity Averted, For Now

Fox Rothschild LLP on 11/1/2021

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

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on 12/9/2020

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

Franchising: Batting A Thousand In Spring Training!

Fox Rothschild LLP on 3/2/2020

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

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on 2/28/2020

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

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

Foley & Lardner LLP on 2/6/2020

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

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

Positive News On The Joint Employer Front!

Fox Rothschild LLP on 1/24/2020

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

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

Seyfarth Shaw LLP on 1/23/2020

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

Pain Relief In Sight: DOL Issues Final Joint-Employer Rule

ArentFox Schiff on 1/14/2020

On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Navigating NLRB: A New Era For Joint Employment?

Benesch on 9/19/2018

From joint employment concerns to questions about email use and employee handbooks, employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis...more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

Troutman Pepper on 7/28/2016

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more

The Employment Law Authority - September/October 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Food and Beverage Law Update: October 2015

Holland & Knight LLP on 10/29/2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Bond Schoeneck & King PLLC on 9/10/2015

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

Labor Day Hot Topics

Womble Bond Dickinson on 9/8/2015

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st,...

Seyfarth Shaw LLP on 8/27/2015

The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more

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

Littler on 8/18/2015

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

Restaurant Industry Newsletter - September 2014

FordHarrison on 9/29/2014

Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees- Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S....more

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