
With apologies (and props) to the great Yogi Berra, it’s deja vu all over again at the National Labor
Continue Reading It’s Deja Vu All Over Again at the NLRB
Commentary on Business and Legal Issues of Franchising

With apologies (and props) to the great Yogi Berra, it’s deja vu all over again at the National Labor…
Continue Reading It’s Deja Vu All Over Again at the NLRB
My esteemed colleague Tami McKnew today filed the following comment on the NLRB proposed joint employer rulemaking, 83 FR 46681:
The proposed rule specifically acknowledges the effects of the…
Continue Reading Fox Rothschild Comments on NLRB Proposed Joint Employer Rulemaking
The fight against joint employment of franchisors and franchisees took a small hit when the Western District of Pennsylvania (“Court”) chose to allow a franchisee’s employee’s suit to proceed. In…
Continue Reading Broad Provisions in Franchise Agreement: How Far is too Far?
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
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.…
Continue Reading Janitorial services franchisor cleans up on joint employer claim
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…
Continue Reading Franchisor Not Joint Employer under Economic Reality Test
Is a franchisor liable as a “statutory employer” under Pennsylvania law if its franchisee fails to obtain workers’ compensation insurance? The Pennsylvania Supreme Court recently answered “no” under the facts…
Continue Reading PA Supreme Court Affirms Franchisors Do Not Employ their Franchisees’ Employees

Following on the heels of other states, Republicans in the Virginia House of Delegates have pre-filed a bill…
Continue Reading Joint Employer Legislation Introduced in Virginia

Last month, the North Carolina State Assembly voted 109-0 to pass SB 303, which mandates that a franchisor is…
Continue Reading North Carolina Moves to Define Franchise Employees

Trial opened last week before a NLRB Administrative Law Judge in New York regarding the extent of the NLRB’s…
Continue Reading Franchising Model on Trial