NLRA, Hiring & Firing, 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

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

Ballard Spahr LLP on 11/20/2023

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

The National Labor Relations Board Issues Expansive Joint Employer Rule

Roetzel & Andress on 10/30/2023

Do you use a staffing agency to provide workers for your day-to-day operations? Are you a franchisor that licenses your trademark and business model to franchisees? If you answered “yes” to either of these questions,...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.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

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

Saul Ewing Arnstein & Lehr LLP on 9/2/2015

In what is widely viewed as yet another victory for organized labor at the National Labor Relations Board ("Board"), last week the Board issued a decision lowering the bar for determining when two or more employers may be...more

Board’s Decision Revises Joint-Employer Status Test

Robinson & Cole LLP on 9/1/2015

On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

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

Perkins Coie on 9/1/2015

Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the...more

NLRB Expands “Joint Employer” Definition

Polsinelli on 9/1/2015

In a pivotal decision on August 27, the National Labor Relations Board “refined” its test for determining joint-employer status, broadening the scope of employers subject to joint collective bargaining and concerted activity...more

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

Perkins Coie on 9/1/2015

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

NLRB Adopts New Joint Employer Standard

Ballard Spahr LLP on 8/31/2015

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

Franczek P.C. on 8/31/2015

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

NLRB Adopts New Broader Joint-Employer Standard

FordHarrison on 8/31/2015

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

BakerHostetler on 8/31/2015

Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective...more

NLRB Vastly Expands Its Joint-Employer Standard

Morgan Lewis on 8/28/2015

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

Littler on 8/18/2015

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

The National Labor Relations Act › Hiring & Firing › Franchisors

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