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
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
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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
It’s Deja Vu All Over Again at the NLRB
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
Fox Rothschild Comments on NLRB Proposed Joint Employer Rulemaking
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
NLRB Proposes 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
Save Local Business Act moves one step closer to limiting joint employer liability
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
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Chipotle Social Media Decision Is Not New Law
Chipotle was recently handed a defeat by an administrative law judge who found that its social media policy was unlawful and that its termination of an employee who tweeted negative
Continue Reading Chipotle Social Media Decision Is Not New Law
Franchising Model on Trial
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