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National Labor Relations Board › Franchisee

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Fox Rothschild LLP

Senate Formally Objects to the New NLRB Joint Employer Standard

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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 Manchin used his vote to back up the...more

Hogan Lovells

U.S. NLRB makes it more likely to deem companies as joint-employers

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The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Parker Poe Adams & Bernstein LLP

NLRB Finalizes Joint Employer Rule

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Last week, the National Labor Relations Board (NLRB) issued final rules broadening the definition of joint employers under federal labor law. A joint employer is a company that is not the employee’s direct W-2 employer, but...more

Morgan Lewis

NLRB Issues New Joint Employer Rule Affirming Expansive Joint Employer Status

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The NLRB recently published its final rule on the standard for determining joint employer status, broadening the circumstances under which separate businesses can be considered joint employers—thereby making them obligated to...more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Buchalter

The Slow Down Of The FAST Act: Monumental Deal Reached Which Could End Joint Employer Liability And Other Threats To The Franchise...

Buchalter on

On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act...more

Buchalter

Staying in the FAST Lane: An Overview of New 2023 Employment Laws for California Franchisors and Franchisees

Buchalter on

Each New Year in California comes with several new laws that impact the workplace, including those in the franchising industry. With each year that passes, the California Legislature reminds us that their intent is to provide...more

McAfee & Taft

NLRB proposes sweeping changes for 'joint employers'

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The National Labor Relations Board (NLRB) is responsible for overseeing relations between labor and employers for both unionized and non-unionized workplaces and for administering the National Labor Relations Act (NLRA)....more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

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It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

Lathrop GPM

The Franchise Memorandum - Issue 251

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Court Dismisses Ostensible Agency Claim on Motion for Reconsideration - A federal court in California has granted a motion for reconsideration in light of recent Ninth Circuit precedent, reversing the district court’s...more

Husch Blackwell LLP

NLRB Announces Final Rule On Joint Employer Standard

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Key points- • On February 26, 2020, the National Labor Relations Board issued its final rule on the joint employer standard limiting the imposition of joint employer status to businesses that exercise substantial, direct...more

Fox Rothschild LLP

Franchising: Batting A Thousand In Spring Training!

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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 good news for franchising! As we noted in a...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Kilpatrick

NLRB Issues New Final Rule on Joint Employers

Kilpatrick on

Summary - This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obama-era precedent on joint-employer status and making it harder to show that two companies were joint...more

Kilpatrick

National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on

This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obamaera precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

Faegre Drinker Biddle & Reath LLP on

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more

Fox Rothschild LLP

ALERT: NLRB Rule Requires Direct Control For Joint Employer Status

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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 rule restores the joint-employer...more

Foley & Lardner LLP

The Department of Labor’s 2020 Vision: The New Joint Employer Standard under the Fair Labor Standards Act

Foley & Lardner LLP on

A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more

Lathrop GPM

The Franchise Memorandum - Issue 249

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Fox Rothschild LLP

Positive News On The Joint Employer Front!

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In 2014, David Weil assumed the reins at the Department of Labor’s Wage and Hour division. Dr. Weil, an economic scholar, set his sights on the concept of joint employment. In academia, his work focused on what he termed a...more

Benesch

NLRB Gives Employers Two Big Gifts This December

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Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

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