The fight against joint employment of franchisors and franchisees took a small hit when the Western District of Pennsylvania (“Court”) chose to allow a franchisee’s employee’s suit to proceed. In
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The NLRB Giveth and Taketh Away: Hy-Brand Decision Vacated
In December, we wrote that the NLRB had issued a decision overturning Browning-Ferris’ joint employer test and returning to the previous standard for determining joint employment. That decision in Hy-Brand
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Browning-Ferris Joint Employer Standard Reversed by NLRB
Yesterday afternoon, the NLRB issued a decision in Hy-Brand Industrial Contractors that caused a collective sigh among employers. The decision rolls back the joint employer standard to what it was
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Save Local Business Act moves one step closer to limiting joint employer liability
The U.S. House Committee on Education and the Workforce recently approved the “Save Local Business Act” (HR 3441 – Byrne). If enacted, the Act would limit joint employer
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Federal Court Concludes Franchisor Was NOT Joint Employer
Another case has been decided adding to the back and forth in the legal world on the issues of a joint employer relationship of a franchisor and its franchisee and
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Janitorial services franchisor cleans up on joint employer claim
Janitorial services franchisor Jan-Pro Franchising International, Inc. (“Jan-Pro”) is not the employer of its unit franchisees, according to a recent California federal court decision. Roman v. Jan-Pro Franchising Int’l, Inc.
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Franchisor Not Joint Employer under Economic Reality Test
In Gessele v. Jack in the Box, Inc., the franchise world got a win in the joint employer battle when the United States District Court for Oregon (“Court”) held
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North Carolina Moves to Define Franchise Employees
Last month, the North Carolina State Assembly voted 109-0 to pass SB 303, which mandates that a franchisor is
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7-Eleven Prevails on Claim that it Violated the New Jersey Franchise Practices Act and Federal Labor Standards Act
A federal district court in Trenton, New Jersey, has ruled that franchisor 7-Eleven was entitled to summary judgment on
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Franchising Model on Trial
Trial opened last week before a NLRB Administrative Law Judge in New York regarding the extent of the NLRB’s
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