The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that
Continue Reading Franchising Threat No. 2: Joint Employment is BACK!
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
Continue Reading Franchising: Batting a Thousand in Spring Training!
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
Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
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
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