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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DOL Opinion Letters are Back
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
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What State’s Law Applies to a Non-Compete Agreement and Why Does it Matter?
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
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Supreme Court Agrees to Review Validity of Class Action Waivers in Arbitration Agreements
Last week, the Supreme Court granted petitions for certioriari in Epic Systems Corp. v. Lewis, Ernst & Young v. Morris, and NLRB v. Murphy Oil USA. All
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DOL Persuader Rule Enjoined
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.
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Chipotle Social Media Decision Is Not New Law
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
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DOL Issues New Guidance on Joint Employment
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
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Sick Leave Laws Are the Big Trend for 2016
I was just reading an article about labor and employment cases that employers will be watching in 2016. The article got me thinking about legislation to watch in 2016.
The
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Will the Decision Stand in the First NLRB Case Applying the Browning-Ferris Joint Employer Test?
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
Continue Reading Will the Decision Stand in the First NLRB Case Applying the Browning-Ferris Joint Employer Test?