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 between franchisor and franchisee, will the A-B-C test render the franchisor the employer of the franchisee? And if that’s the case, how is the franchisor

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 liability by reversing the rule announced by the NLRB in Browning-Ferris Industries, 362 NLRB No. 186.  The Browning-Ferris decision departed from 30 years

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 for the actions of its franchisee’s employee–a hotel assistant manager who allegedly coerced housekeepers into sexual “servitude.”  Invoking the NLRB’s recent decision in Browning-Ferris Industries

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 Freshii Development, LLC (“Freshii”) was not a joint employer with its franchisee. Nutritionality, Inc. d/b/a Freshii, Case Nos. 13-CA-134294, 13-CA-138293, and 13-CA-142297 (Apr. 28,