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National Labor Relations Board › Unfair Labor Practices › Franchises

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 -
Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

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Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

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On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

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In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Vedder Price

NLRB’s New Joint Employer Test Significantly Expands Circumstances Under Which Separate Entities Will Be Deemed Joint Employers

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On October 26, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its long-awaited final rule establishing a new standard for determining when two employers are joint employers under the National Labor...more

Bass, Berry & Sims PLC

NLRB Issues New Rule Broadening Joint-Employer Status

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The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

Proskauer - Labor Relations Update

NLRB Plans to Revise Joint Employer Standard Once Again

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On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

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INTRODUCTION - In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

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On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

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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

Faegre Drinker Biddle & Reath LLP

National Labor Relations Board Tightens Standard for Joint Employer Status

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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

Akin Gump Strauss Hauer & Feld LLP

The NLRB Issues Final Rule on Joint Employment

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- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA. - The joint-employer standard is important because if two entities are joint employers, both must bargain...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

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On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Hogan Lovells

NLRB Issues New Rule Narrowing Joint-Employer Standard

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The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

Bricker Graydon LLP

NLRB issues new final rule on joint employer status

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On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

Ballard Spahr LLP

NLRB Issues Final Rule on Joint Employer

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The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

Saul Ewing LLP

Happy New Year, Employers! From Your Friends at the NLRB.

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In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more

FordHarrison

One Small Win for McDonald's, and One Giant Victory for Small Business Owners

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On Thursday, December 12, 2019, the National Labor Relations Board (NLRB or the Board) ordered an administrative law judge to approve a settlement previously reached between McDonald’s, its franchisees, and workers. Although...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

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A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Polsinelli

NLRB Judge Rejects Proposed Settlement In McDonald’s Joint Employer Case

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On July 17, 2018, a National Labor Relations Board (“Board”) Administrative Law Judge (“ALJ”) rejected a proposed settlement that would have concluded the closely-watched consolidated unfair labor practice case against...more

Polsinelli

An End to the McDonald’s Joint Employer NLRB Litigation

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The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Akerman LLP - HR Defense

Catch-22 for Franchisors: The Joint Employment Dilemma

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As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more

Mintz - Employment, Labor & Benefits...

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

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The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

Foley & Lardner LLP

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

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For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Pierce Atwood LLP

Is Your Company a Joint Employer?

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Please see Chart below for more information. ...more

Foley & Lardner LLP

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

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Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

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