News & Analysis as of September 21, 2024

Joint Employers

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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 -

The Learned Concierge - April 2024, Vol. 7

Clark Hill PLC on 4/5/2024

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

The Learned Concierge - December 2023, Vol. 3

Clark Hill PLC on 12/12/2023

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on 11/8/2023

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Fisher Phillips on 1/4/2018

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

The Bubbler: Holiday Edition

Mintz - Employment Viewpoints on 12/4/2017

As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

The NLRB, Franchisees, And Temporary Employees

Fisher Phillips on 9/6/2016

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2015

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

The Evolving Definition of Joint Employers

Fisher Phillips on 6/3/2015

The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced...more

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/16/2015

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

The Next Wave of Joint Employment Litigation

Polsinelli on 2/10/2015

A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their...more

Retailer - Fall 2014

Constangy, Brooks, Smith & Prophete, LLP on 9/18/2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

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