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The NLRB Just Made It Harder To Lasso Franchisors And Affiliated Businesses For The Alleged Sins Of Their Compatriots

In 2015, the NLRB adopted a more relaxed standard for determining when an entity could be considered a joint employer and thus liable for alleged workplace wrongs along with a direct employer. Of course the result of the loosening of the reins meant an increase in the number of defendants listed on complaints as potentially […]

| 2 min read | Tagged: , , ,

Back-peddling on Who Is the Employer: The NLRB Proposes a Revision to the Joint Employer Standard

In a 2015 controversial decision, the National Labor Relations Board (“NLRB”) ruled that, for purposes of federal labor law violations, a business may be deemed a joint employer of another company’s employees if the business had “indirect” control over those employees. The NLRB recently announced that it would roll back on this decision, proposing a […]

| 1 min read | Tagged: , ,
Former Associate

NLRB Update: 2015 Joint Employer Standard Revised

In what is seen as a victory for employers, the National Labor Relations Board (the “Board”) issued a 3-2 decision in HyBrand Industrial Contractors, Ltd. and Brandt Construction Co. (“HyBrand”) striking down the joint employer standard stated in Browning Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”), and returning to the pre-2015 […]

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Former Associate

Forecasted Changes with a Republican NLRB

With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on August 2, 2017, and the Republican member Phillip Miscimarra was appointed Chairman by the President […]

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Of Counsel