News & Analysis as of August 2, 2025

Fair Labor Standards Act (FLSA)

+ Follow

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 -

Navigating Joint Employment: A Renewed Push to Implement a More Employer-Friendly Standard

Foley & Lardner LLP on 2/6/2025

With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment. The International Franchise Association (IFA) is advocating...more

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on 12/9/2020

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Battle Continues Over Joint-Employment Standards That Affect Franchising

Polsinelli on 12/4/2020

Despite recent setbacks, the U.S. Department of Labor (“DOL”) is continuing its efforts to clarify the standard for finding two separate entities to be “joint employers” under the Fair Labor Standards Act (“FLSA”). Under the...more

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on 3/2/2020

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...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

NLRB Issues New Final Rule on Joint Employers

Kilpatrick on 2/28/2020

Summary - This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obama-era precedent on joint-employer status and making it harder to show that two companies were joint...more

National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on 2/28/2020

This week, the National Labor Relations Board (NLRB/Board) issued a new rule effectively overturning an Obamaera precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

NLRB Issues Narrowed Joint Employer Rule

Foley Hoag LLP on 2/27/2020

February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more

NLRB issues new rule regarding joint employer status

Eversheds Sutherland (US) LLP on 2/27/2020

After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...more

The Department of Labor’s 2020 Vision: The New Joint Employer Standard under the Fair Labor Standards Act

Foley & Lardner LLP on 2/6/2020

A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...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

Franchise Community Goes To Washington

Fox Rothschild LLP on 9/18/2018

I attended the International Franchise Association’s Franchise Action Network (“FAN”) Annual Meeting last week in Washington D. C. Basically, this is an educational event culminating in the participants being sent out to the...more

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

Carlton Fields on 8/1/2018

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

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

CMCP - California Minority Counsel Program on 8/23/2017

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

House Hearing Explores Legislative Remedy to Joint Employer Confusion

Littler on 7/14/2017

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Franchise Law: Burden of Joint Employer Just Got a Little Lighter

Lewitt Hackman on 6/15/2017

Direct control, indirect control…these are the employment litigation phrases that had franchisors cowering in duck-and-cover positions over the last few years. But the Department of Labor just issued a statement to breathe...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 Potential Impact Of a Trump Presidency on Employers

Carlton Fields on 11/11/2016

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

Employment Law Navigator – Week in Review: March 2016 #2

Zelle LLP on 3/22/2016

Last week at the SHRM Legislative Conference, EEOC Chair Jenny Yang both praised and cautioned employers in talking about HR technology. In particular, Chair Yang said that some technology can reduce bias in the workplace,...more

2016: What’s on the Horizon for Salary Thresholds Under the FLSA, Employee Handbooks and the NLRB

Snell & Wilmer on 3/11/2016

There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more

New DOL Joint Employment Standards Affect Auto Employers

Foley & Lardner LLP on 3/2/2016

Joint employer relationships are commonplace in the automotive industry. From auto makers that contract with other companies for parts to auto dealers that utilize franchise arrangements, the auto industry is reliant on joint...more

The Complex World of Joint Employment

Zelle LLP on 2/19/2016

Here’s Wikipedia’s definition of joint employment: Joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities....more

Joint Employment Challenges Continue in 2016

Maynard Nexsen on 2/11/2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...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

Five Evolving Issues Confronting Employers in the Hospitality Industry

Epstein Becker & Green on 9/24/2015

As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

29 Results

View per page

Page: of 2

National Labor Relations Board › Franchises › Fair Labor Standards Act (FLSA)

"My best business intelligence, in one easy email…"