joint employer status Articles

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McDonald’s $3.75 Million Wage-and-Hour Settlement Holds Joint Employer Implications

November 1, 2016

McDonald’s $3.75 Million Wage-and-Hour Settlement Holds Joint Employer Implications

McDonald’s Corp. agreed to pay $3.75 million to settle a wage-and-hour lawsuit brought by employees at five franchisee-owned restaurants in the San Francisco Bay area, marking an important development in the company’s long-standing legal battle over whether it is a joint employer of franchise operations.

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

March 18, 2016

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

There were several important developments the week of March 14 on two labor issues that are critical to NATSO members: Efforts to expand the universe of employees entitled to overtime pay; and the joint employer issue, which could expose companies to legal liability for how their subcontractors, staffing agencies, and franchisees treat their employees.

 Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas

February 1, 2016

Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas

The National Labor Relations Board (NLRB) recently revised the so-called “joint employer” standard significantly to expand the scope of determining “co-employment” under the National Labor Relations Act. Specifically, the NLRB decided that a company could be considered a “joint employer” if it possesses the right to control various terms and conditions of employment, regardless of whether that company actually exercises such control.

House Panel Approves Joint Employer Bill

October 29, 2015

House Panel Approves Joint Employer Bill

The House Education and Workforce Committee voted 21-15 Oct. 28 in favor of the Protecting Local Business Opportunity Act, H.R. 3459, which would restore the longstanding joint employer standard under the National Labor Relations Act (NLRA). Introduced by Congressman John Kline (R-Minn.) in September, H.R. 3459 would undo the recent expansion of joint employer liability under federal law and amend the NLRA by limiting joint employer findings to situations where two or more entities share control over employees that is “actual, direct, and immediate.”

Joint Employer Bill Pushes Back on Labor Initiatives

September 14, 2015

Joint Employer Bill Pushes Back on Labor Initiatives

Republican Senator Lamar Alexander (R-Tenn.) and Congressman John Kline (R- MN) on Sept. 9 introduced legislation designed to undo the recent expansion of joint employer liability under federal law. The legislation responds to a National Labor Relations Board (NLRB) decision issued last month redefining "joint employer" in a manner that would make it easier for two or more companies to be considered "joint employers."

NLRB Redefines Joint-Employer Standard

August 31, 2015

NLRB Redefines Joint-Employer Standard

In a 3-2 decision last week, the National Labor Relations Board (NLRB) issued a decision in its case against Browning-Ferris Industries (BFI) that redefines and expands "joint employer” liability under the National Labor Relations Act, making it easier for two or more companies to be declared joint employers.

Broadening Joint-Employer Standard Threatens Small Business Growth

March 27, 2015

Broadening Joint-Employer Standard Threatens Small Business Growth

If the National Labor Relations Board (NLRB) abandons a 30-year-old legal test for classifying multiple businesses as joint employers, franchisors and franchisees across the United States will have to renegotiate or reconsider business relationships, BNA reported.

NLRB Names McDonald’s as Joint Employer in Six Complaints

February 18, 2015

NLRB Names McDonald’s as Joint Employer in Six Complaints

The National Labor Relations Board’s Office of the General Counsel recently issued six more complaints that allege McDonald’s USA is a joint employer with its franchisees under the National Labor Relations Act, BNA reported.

NLRB Names McDonald’s as Joint Employer In 13 Complaints

December 21, 2014

NLRB Names McDonald’s as Joint Employer In 13 Complaints

The National Labor Relations Board on Dec. 19 issued 13 labor complaints naming McDonald’s Corp. as a joint employer of the workers at its franchisees’ locations.