NATSO submitted comments on the National Labor Relations Board (NLRB) proposal to revise its joint employer standard, which took effect in 2020 under the Trump Administration. The joint employer standard […]
12-08-2022The Department of Labor on Jan. 12 promulgated its final rule on Joint Employer Status under the Fair Labor Standards Act. The 164-page final rule consolidates a four-factor balancing test introduced in the April 2019 proposed rule, and it will be published in the Federal Register on Thursday, Jan. 16.
01-14-2020 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.
11-01-2016 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.
03-18-2016 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 […]
02-01-2016 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.”
10-29-2015 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.”
09-14-2015 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.
08-31-2015 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.
03-27-2015 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.
02-18-2015 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.
12-21-2014