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.

Commentary on Business and Legal Issues of Franchising
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.
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…
Continue Reading Franchise Industry Calamity Averted, For Now
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…
Continue Reading Franchising Threat No. 2: Joint Employment is BACK!
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…
Continue Reading WHIPLASH! A stunningly fast reversal of labor policies
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…
Continue Reading Franchising: Batting a Thousand in Spring Training!
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…
Continue Reading Meanwhile in the NLRB, the McDonald’s Case Continues
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.
Continue Reading Positive News on the Joint Employer Front!
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,…
Continue Reading Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
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.
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…
Continue Reading Save Local Business Act moves one step closer to limiting joint employer liability