In a move welcomed by employers nationwide, a federal court judge in Texas has vacated the National Labor Relations Board’s proposed joint employer rule.
Continue Reading Federal Court Throws Out NLRB’s Controversial Joint Employer Rulejoint employer standard
Franchise Industry Calamity Averted, For Now
In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and…
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Franchising Threat No. 2: Joint Employment is BACK!
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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Meanwhile in the NLRB, the McDonald’s Case Continues
Recently, we lauded the Department of Labor’s return to the control test of joint employment. Perhaps presciently, we wondered whether the NLRB would follow the same course.
The latest turn…
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Positive News on the Joint Employer Front!
In 2014, David Weil assumed the reins at the Department of Labor’s Wage and Hour division. Dr. Weil, an economic scholar, set his sights on the concept of joint employment.
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Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
A wage and hour case before the Ninth Circuit Court of Appeals, Vazquez v. Jan-Pro Franchising International, is the latest front in the joint employer battle. In Vazquez,…
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Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National…
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
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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