In Part 1 of this series, we discussed the recent actions taken by Congress regarding the PPP program as well as the efforts by the Fed. In today’s post, we
Continue Reading A Summer Potpourri (Part 2): States Litigate Joint Employer Rule and NASAA speaks
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
Continue Reading Franchising: Batting a Thousand in Spring Training!
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
Continue Reading ALERT: NLRB Rule Requires Direct Control for Joint Employer Status
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
Continue Reading Meanwhile in the NLRB, the McDonald’s Case Continues
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.
Continue Reading Positive News on the Joint Employer Front!
Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors
I admit I was among the scores of franchise lawyers whose blood pressure skyrocketed with passage of California’s AB 5. If a Franchise Agreement establishes an independent contractor relationship
Continue Reading Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors
California’s AB-5 Implications (Part 2)
As noted in our first post on this topic, California’s AB-5 codified the employment test set forth in Dynamex Operations West v. Superior Court of Los Angeles, 4 Cal. 5th
Continue Reading California’s AB-5 Implications (Part 2)
California’s AB-5 Implications (Part 1)
“Some day, California’s going to fall into the ocean” usually refers to the San Andreas fault. Now it may refer to AB-5, and the future of the franchise industry in
Continue Reading California’s AB-5 Implications (Part 1)
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,
Continue Reading Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
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.