DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

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DOL Rule Still Just A Promise

On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated…

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NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

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NLRB Released Plan, Extends Comment Period

The National Labor Relations Board (NLRB) last week released its strategic plan for the agency’s immediate future and this week that it was again extending – for a second time – the comment period for its proposed joint employer rule, which would make it harder for businesses to be held liable for labor violations committed…

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Ohio on Verge of Joint Employer Exemption

Legislation has passed the Ohio state senate that exempts franchisors from joint employer status. Still subject to one final concurrence vote in the House before it is sent to the Governor for his signature, House bill 494 specifically exempts franchisors from any liability as a joint employer unless the franchisor specifically adopts joint employer status…

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Joint Employer Comment Period Ends Thursday

As we’ve reported before, the extended public comment period relating proposed changes to the definition of joint employer ends next Thursday, December 13. The proposed rule was published in the Federal Register in September and was extended an additional 30 days to allow for additional comments. If any of our readers have yet to comment…

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NLRB Extends Joint Employer Comment Period

The National Labor Relations Board this week extended the deadline for public comments on its proposed joint-employer rule for an extra month. The 60-day public comment period was scheduled to end on November 13, but the agency postponed that deadline now until December 13. Public comments will be accepted until that time and until December…

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Dodging the Joint Employer Bullet, Again

If the questions and skepticism of two judges for the 9th US Circuit Court of Appeals are any indication, McDonalds does not meet the definition of a joint employer under California law. 9th Circuit Judges Susan Graber and Andrew Kleinfeld indicated their belief that McDonald’s relationship with its franchisees did not give it control over…

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NLRB Moves to Fix Joint Employer

It may have been a long time coming, but the National Labor Relations Board is again moving to correct the egregious 2015 ruling on the joint employer definition. Yesterday, the NLRB released a draft rule that rolls back the new definition of joint employer the agency created in its Browning Ferris decision back in 2015.…

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McDonald’s VS. SEIU

Speaking of the joint employer rule and NLRB, the heavyweight battle between the Golden Arches and Service Employees International Union (SEIU), the money and force behind the Fight for $15 and other worker advocacy initiatives, is just getting bigger and broader. McDonalds Corporation last week retained management-side law firm giants Littler Mendelson and Morgan Lewis…

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