If you attended this year’s IFA Annual Convention in Phoenix, you heard Senator Joe Manchin strongly support and defend the franchise business model in a speech. Late on Wednesday, Senator
Continue Reading Senate Formally Objects to the New NLRB Joint Employer StandardIn a move welcomed by employers nationwide, a federal court judge in Texas has vacated the National Labor Relations Board’s proposed joint employer rule.
The PRO Act would do serious, and perhaps mortal, damage to the franchise industry. It would make sweeping changes to the National Labor Relations Act (NLRA), the Labor Management Relations
Continue Reading Franchising Threat No. 1: The PRO Act
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!
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
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
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
In a major policy announcement, on Friday, September 14, 2018, the National Labor Relations Board (the “Board”) proposed a new regulation establishing the standard for determining whether two employers, as
Continue Reading NLRB Proposes Joint-Employer Rulemaking
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