News & Analysis as of

Employer Liability Issues Joint Employers Labor Law Violations

Morgan Lewis

New Interpretations from China's Supreme People’s Court: What Multinational Employers Need to Know

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The highest court in China recently released new interpretations regarding the application of laws in labor dispute cases, which took effect on September 1, 2025. These bring clarity to a range of employment issues in China,...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

CDF Labor Law LLP

California Court of Appeal Broadens Test For Joint Employer Liability

CDF Labor Law LLP on

On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

Robins Kaplan LLP on

Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Troutman Pepper Locke

Ninth Circuit Finds Franchisors Not Joint Employers of Employees of Franchisees Absent Direct Control Over Wages, Hours and...

Troutman Pepper Locke on

Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?...more

Best Best & Krieger LLP

“Super-Sized” Win Delivered to California Franchisors

Best Best & Krieger LLP on

Ninth Circuit Clarifies Joint Employer Classification - McDonald’s was not a joint employer of its franchisees’ workers, the U.S. Ninth Circuit Court of Appeals found recently in a decision that provides additional clarity...more

Seyfarth Shaw LLP

Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors....more

Payne & Fears

California Court of Appeal Provides Further Clarity on Scope of Dynamex

Payne & Fears on

Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more

Franczek P.C.

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status

Franczek P.C. on

On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. ...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

Lewitt Hackman

FRANCHISOR 101: Ostensible Agency Victory

Lewitt Hackman on

A California federal judge dealt a major blow to employees of a Bay Area McDonald's in their effort to hold the franchisor responsible for its franchisee's alleged failure to pay wages and provide meal and rest breaks. The...more

Seyfarth Shaw LLP

Federal Court Serves Up Satisfying Seconds For California Franchisors: No Ostensible Agency Liability For Franchisees’ Alleged...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in California recently held that a franchisor cannot be held liable for labor code claims where it did not exercise control directly, or through an actual agency relationship with the...more

Seyfarth Shaw LLP

Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?

Seyfarth Shaw LLP on

Employers have no doubt been paying close attention to the future of the joint employer doctrine, which was a focus of change and expansion for DOL leadership during the Obama administration. With a new administration in...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Shaw LLP on

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

PilieroMazza PLLC

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

PilieroMazza PLLC on

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

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