NLRA, Franchisee, Franchisors

What Federal Save Local Business Legislation Could Mean for the Joint Employer Standard

Fox Rothschild LLP on 8/6/2025

Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...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

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

Positive News On The Joint Employer Front!

Fox Rothschild LLP on 1/24/2020

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

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on 6/29/2018

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

NLRB Agenda Includes Setting a Regulatory Joint Employer Standard

Hinshaw & Culbertson LLP on 5/17/2018

We have written previously regarding the saga of the National Labor Relations Board and joint employer status. In short, the question of when a business is responsible for another business’s employees has been in flux for a...more

Whiplash on the Browning-Ferris Wheel: NLRB Vacates Recent Hy-Brand Decision and Reverts to Obama-Era Joint Employer Standard

Faegre Drinker Biddle & Reath LLP on 3/1/2018

If you are experiencing whiplash from the National Labor Relations Board’s wild ride of a year, you are not alone. In a surprising turn of events, on February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial...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

National Labor Relations Board Reverses Course on Joint Employer Test

Perkins Coie on 1/15/2018

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...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 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

Catch-22 for Franchisors: The Joint Employment Dilemma

Akerman LLP - HR Defense on 11/29/2016

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

The Employment Law Authority - September/October 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...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

Senate Panel Takes up Joint Employer Issue

Littler on 10/6/2015

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

House Hearing Addresses NLRB's New Joint Employer Standard

Littler on 9/30/2015

Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...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

Bill Seeks to Overturn NLRB's New Joint Employment Standard

Littler on 9/10/2015

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, the...more

NLRB Broadens its Test for Determining Joint-Employer Status

Sheppard Mullin Richter & Hampton LLP on 9/8/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

NLRB Changes Standard for Determining Joint Employer Status

Akerman LLP - HR Defense on 9/8/2015

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...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

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

Orrick - Employment Law and Litigation on 9/3/2015

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

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