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
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
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
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
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
Continue Reading Joint employer claims move forward against hotel franchisor in sexual servitude suit
In what many in the industry are likely to see as a commonsense result, a recent advice memorandum issued by the NLRB Office of General Counsel (“OGC”) concluded that franchisor
Continue Reading NLRB Office of General Counsel: Franchisor is NOT joint employer with franchisee
On March 4, 2015, the Tennessee General Assembly introduced SB0475 and HB0757, two bills which, according to the 2015-2016
Continue Reading Tennessee General Assembly to Consider Legislation Combatting NLRB McDonald’s Decision
On December 19, 2014, the NLRB Office of General Counsel issued 13 complaints alleging that McDonald’s and its franchisees violated
Continue Reading NLRB Office of General Counsel Declares War on Franchising
The Wall Street Journal recently reported that, according to the International Franchise Association, there has been an increase in
Continue Reading No Surprise: IFA Reports McDonald’s Led to an Uptick in NLRB Complaints
National Labor Relations Board General Counsel Richard Griffin has come under fire recently for not issuing a memorandum explaining and detailing his rationale for his controversial recommendation this past July
Continue Reading NLRB General Counsel Explains Controversial McDonalds Recommendation