News & Analysis as of November 15, 2024

Franchisors

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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 -

Federal Court Invalidates National Labor Relations Board Joint Employer Regulations

Baker Donelson on 3/12/2024

The U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board's (NLRB) recent joint employer regulations on March 8, 2024. As things stand, the new regulations will not be put into...more

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

Benesch on 1/10/2022

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

Franchise Industry Calamity Averted, For Now

Fox Rothschild LLP on 11/1/2021

In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and the new Biden Administration guard at the Department of...more

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on 2/28/2020

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

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

Polsinelli on 9/14/2018

On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register...more

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

Littler on 9/14/2018

The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

Seyfarth Shaw LLP on 2/23/2018

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

Joint Employer Standard Relaxed – For Now

Akerman LLP - HR Defense on 1/12/2018

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

Steptoe & Johnson PLLC on 12/21/2017

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

Holland & Knight LLP on 12/19/2017

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

NLRB Reverses Controversial BFI Joint Employer Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2017

Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more

NLRB Overrules Browning-Ferris Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on 12/18/2017

On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more

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

Foley & Lardner LLP on 10/13/2015

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

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

Baker Donelson on 9/18/2015

On, August 27, 2015, the National Labor Relations Board (NLRB) in a 3-2 decision gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships. See Browning-Ferris...more

NLRB Issues Significant Ruling on “Joint Employer” Issue

Goulston & Storrs PC on 9/16/2015

In December 2014, we reported that the General Counsel of the National Labor Relations Board (NLRB) had issued 13 complaints naming McDonald's as a “joint employer” of the employees at its franchisees. The complaints alleged...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Bond Schoeneck & King PLLC on 9/10/2015

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

Labor Day Hot Topics

Womble Bond Dickinson on 9/8/2015

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

NLRB Redefines and Broadens the Joint Employment Standard

Burr & Forman on 9/4/2015

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

NLRB Broadens Joint Employment Standard

K&L Gates LLP on 9/4/2015

Last week, the National Labor Relations Board reversed long-standing precedent and ruled that a company may be a joint employer of another company’s workers if it has the right to control those workers, even if that right is...more

NLRB Delivers New Joint-Employer Standard - Decision Leaves Franchisors, Contractors, Parent Companies, and Other Employers...

Holland & Knight LLP on 9/4/2015

The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more

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National Labor Relations Board › Unions › Franchisors

Federal Court Invalidates National Labor Relations Board Joint Employer Regulations

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

Franchise Industry Calamity Averted, For Now

NLRB Issues Pro-Employer Joint Employment Rule

January 2019: The Top 16 Labor And Employment Law Stories

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate...

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

Joint Employer Standard Relaxed – For Now

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

NLRB Reverses Controversial BFI Joint Employer Standard

NLRB Overrules Browning-Ferris Joint Employer Standard

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

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

NLRB Issues Significant Ruling on “Joint Employer” Issue

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Labor Day Hot Topics

NLRB Redefines and Broadens the Joint Employment Standard

NLRB Broadens Joint Employment Standard

NLRB Delivers New Joint-Employer Standard - Decision Leaves Franchisors, Contractors, Parent Companies, and Other Employers...

NLRB Jettisons Old Joint-Employer Standard: Significant Implications for Employers Using Staffing Agencies

Divided NLRB Adopts New Standard for Determining "Joint Employer" Status

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

NLRB Expands “Joint Employer” Definition

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