The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that
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WHIPLASH! A stunningly fast reversal of labor policies
It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more
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Franchising: Batting a Thousand in Spring Training!
In my recent post commenting on the Department of Labor’s joint employer rule, I wondered whether the NLRB would follow suit. Now we know, and the answer’s positive. It’s very
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ALERT: NLRB Rule Requires Direct Control for Joint Employer Status
The wait is over: This morning the NLRB announced that it will issue its final rule governing joint-employer status tomorrow, February 26, 2020. According to the NLRB itself, the “final
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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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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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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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Joint employer claims move forward against hotel franchisor in sexual servitude suit
Browning-Ferris based claims against hotel franchisor Marriott International Incorporated (“Marriott”) will move forward, according to an Illinois federal court. The suit seeks to hold Marriott liable as a joint employer
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