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 Industrial Contractors was seen as a return to sanity by employers and pro-business groups.

Unfortunately, the NLRB announced today that it had vacated the Hy-Brand

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 before Browning-Ferris Industries, 362 NLRB No 186.

The Browning-Ferris decision was greeted with alarm by most employers, especially franchisers and franchisees, as it made

As a surprising new gift from the Trump Administration, the Department of Labor has decided that it will again start issuing opinion letters on thorny questions about the FMLA and the FLSA and other laws enforced by the Wage and Hour Division.

For reasons that were never quite clear, the Obama Administration had done away

Employers frequently require employees to sign confidentiality and non-competition agreements.  In most jurisdictions, these agreements are both lawful and prudent provided that they are carefully drafted.

In my practice, I draft confidentiality and non-competition agreements and litigate claims of breaches of those agreements.  In almost every agreement I either draft or review, there is a

11890870 - very happy successful gesturing business man, isolated on white

Much to the relief of management-side lawyers, the Department of Labor’s controversial persuader rule that was slated to go into effect on July 1, 2016 has been enjoined.  The Hon. Sam R. Cummings, United States Senior District Judge for the Northern District of Texas issued a nationwide injunction of the rule a few hours ago.

Chipotle was recently handed a defeat by an administrative law judge who found that its social media policy was unlawful and that its termination of an employee who tweeted negative things about the company was in violation of the National Labor Relations Act.

The case involved tweets made by Dennis Kennedy while he was still

The issue of joint employers has been a big concern for franchisors and franchisees in light of recent NLRB rulings.  Now entering into the fray, the U.S. Department of Labor has recently issued Administrator’s Interpretation No. 2016-1 addressing joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act.

The

Franchisors recently got a little jolt of confidence  that perhaps not every franchise relationship would create a joint employment relationship under the National Labor Relations Board Browning-Ferris Industries, 362 NLRB No 186 decision.

On October 21, 2015, the  Green Jobworks -ACECO NLRB decision was issued by the Region 5 Regional Director.  This was the first