News & Analysis as of September 25, 2024

Franchise Agreements

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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 -

OFCCP Week In Review: February 2023 #4

DirectEmployers Association on 2/27/2023

Friday, February 17, 2023: In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace - The great seal of the State of CaliforniaAs more and more federal and...more

The Cons Of The PRO Act

Constangy, Brooks, Smith & Prophete, LLP on 3/16/2021

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2019

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on 6/29/2018

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Labor Board’s joint employer decision sure to cause headaches

McAfee & Taft on 9/1/2015

Currently, only seven percent of Americans employed by private employers are union members, so it’s no surprise that unions are struggling and desperate to grow membership. The National Labor Relations Board, which...more

OSHA Implications Under the NLRB’s New Expansive Definition of Joint Employer

Seyfarth Shaw LLP on 9/1/2015

Safety at workLast week on our Employer Labor Relations Blog we wrote about a recent ruling of the National Labor Relations Board in the Browning-Ferris Industries (BFI) case that vastly expanded the definition of joint...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

McCarter & English, LLP on 9/1/2015

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

NLRB’s New “Joint Employer” Standard: Seismic Impact for California Employers?

Seyfarth Shaw LLP on 8/31/2015

Last week, the National Labor Relations Board issued its much-anticipated decision in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). By a 3-2 vote, the Board announced a new standard to...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

It’s All in the Family: Shifting Standards for Joint-Employer Liability

Bradley Arant Boult Cummings LLP on 1/20/2015

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

NLRB Sues McDonalds For Labor Practices of its Franchisees

Dorsey & Whitney LLP on 1/5/2015

2014 – First NLRB Shots Against the Franchise Model. The National Labor Relations Board (NLRB) is considering revising its long-established joint employer test, a change which may threaten the current franchise model....more

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