News & Analysis as of September 23, 2024

Franchisors

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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 -

Federal Court Invalidates National Labor Relations Board Joint Employer Regulations

Baker Donelson on 3/12/2024

The U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board's (NLRB) recent joint employer regulations on March 8, 2024. As things stand, the new regulations will not be put into...more

The National Labor Relations Board Issues Expansive Joint Employer Rule

Roetzel & Andress on 10/30/2023

Do you use a staffing agency to provide workers for your day-to-day operations? Are you a franchisor that licenses your trademark and business model to franchisees? If you answered “yes” to either of these questions,...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on 1/10/2022

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...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

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

Polsinelli on 9/14/2018

On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more

Back to Pre-BFI? NLRB Proposes a ‘Direct and Immediate’ Joint-Employer Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2018

Approximately three years after the National Labor Relations Board (NLRB) turned its decades old joint-employer standard on its head in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, on...more

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

Littler on 9/14/2018

The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more

Joint Employer Standard Relaxed – For Now

Akerman LLP - HR Defense on 1/12/2018

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

Steptoe & Johnson PLLC on 12/21/2017

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

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

Holland & Knight LLP on 12/19/2017

• 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

Congressional Bill: Joint Employer Liability May Become More Limited

Jackson Lewis P.C. on 11/17/2017

The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity. Franchisors increasingly were exposed to liability for...more

Joint / Related / Common Employers: Are You at Risk

Dickinson Wright on 11/7/2016

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

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Mintz - Employment, Labor & Benefits... on 2/5/2016

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....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

Senate Panel Takes up Joint Employer Issue

Littler on 10/6/2015

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

Is Your Company a Joint Employer?

Pierce Atwood LLP on 9/25/2015

Please see Chart below for more information. ...more

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

Baker Donelson on 9/18/2015

On, August 27, 2015, the National Labor Relations Board (NLRB) in a 3-2 decision gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships. See Browning-Ferris...more

NLRB Issues Significant Ruling on “Joint Employer” Issue

Goulston & Storrs PC on 9/16/2015

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

NLRB’s ‘Joint Employer’ Decision Could Lead to Labor Law Headaches for Franchisors

Dickinson Wright on 9/14/2015

Franchisee employees may be considered “joint employees” of the franchisor for purposes of collective bargaining and other employment issues under the National Labor Relations Board’s recent decision in Browning Ferris...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

Bill Seeks to Overturn NLRB's New Joint Employment Standard

Littler on 9/10/2015

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, 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

NLRB Broadens its Test for Determining Joint-Employer Status

Sheppard Mullin Richter & Hampton LLP on 9/8/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

NLRB Changes Standard for Determining Joint Employer Status

Akerman LLP - HR Defense on 9/8/2015

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

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