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NLRB’s New Rule Sings “Come Together, Right Now”

On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor...more

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

The Austin Court of Appeals Determines that PSA Wells Do Not Require Pooling Authority

Horizontal drilling in the last decade materially altered oil and gas production in Texas. Horizontal wells allow producers to unlock vast mineral resources otherwise inaccessible to traditional vertical drilling. Commentors...more

DOL Seeks to Restore the Totality-of-the-Circumstances Approach to the Test for Independent Contractor Classification

The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more

FTC Considering Changes to Franchise Rule

For the first time in over a decade, the Federal Trade Commission is considering changes to its Franchise Rule. The Rule represents an effort by the Commission to prevent unfair and deceptive practices by franchisors against...more

Just Waiving Away: Franchisees Release Their Own Claims Against Franchisor

Manufacturers and franchisors often think of so-called “anti-waiver” provisions in state law as being absolute and unavoidable. But this is not always the case. As a recent decision from the District of New Jersey...more

Privacy and Procedural Issues with Lawsuits in the Coronavirus Era

In the Coronavirus era, the business world is scrambling to keep pace. In navigating the CARES Act, payday assistance, office shutdowns, health and safety plans and more, business leaders are searching for answers...more

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