Utah and Wisconsin Ban Joint-Employer

Speaking of the egregious joint-employer ruling, two more states have enacted laws that strictly prohibit the application of the NLRB joint-employer definition within their boundaries.  Utah Governor Gary Herbert is expected to sign H.116, which specifies that no franchisee or employee of a franchisee shall be considered an employee of the franchisor for any purpose…

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States Look to Restrict Joint-Employer

One approach to clarifying the issue and clearing up any confusion it may have caused is legislation at the individual state level that unmistakably defines who is and is not a joint employer.  As we’ve advised in past issues, 3 states (Tennessee, Louisiana & Texas) had passed into law clarifying legislation that effectively exempts franchising…

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Tackling “Joint Employer” in the New Year

As the individual state legislatures begin new sessions, efforts to address the new NLRB definition of a joint employer at the state level are front and center in Wisconsin, Michigan and Virginia.  Senate Bill 422 in Wisconsin prohibits a franchisor being considered a joint employer with the franchisee unless the former agrees to the role…

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NLRB Reform Act Filed in US House

As has been expected for some time, a bill seeking to reform the National Labor Relations Board was filed this week in the US House by Representative Joseph Wilson (SC – 2nd District).  Citing a number of the regulatory excesses perpetrated by the NLRB and referring to the organization as the “President’s Labor Bully”, Wilson…

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Congress Files to Overturn Joint Employer

Although it is likely an exercise in futility, Republican leaders in both the US Senate and the House have filed legislation seeking to overturn the National Labor Relations Board recent ruling validating the new definition of joint-employer.  Tennessee Senator Lamar Alexander, chairman of the Senate Committee on Health Education Labor and Pensions, along with Congressman…

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NLRB Upholds New Joint Employer Rule

In a much-anticipated decision, the National Labor Relations Board (NLRB) yesterday declared war on small businesses across the country and on the franchise industry in particular by upholding the new expanded definition of joint-employer.  By a partisan vote of 3-2, the full Board ruled that Browning-Ferris Industries (BFI) was a joint employer along with a…

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Louisiana Clarifies Joint-Employer Definition

At least in the Pelican State, an employee of the franchise owner will be an employee of the franchise owner – and not of the franchisor!  The Louisiana legislature last week passed HB 464 and sent the bill to Governor Bobby Jindal for his approval.  Jindal, who is contemplating a run for the GOP Presidential…

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NLRB Advises Freshii is Not “Joint-Employer”

In what may represent some refinement in their recent advisory regarding “joint-employers”, the NLRB recently issued a ruling declaring that restaurant franchise Freshii does not qualify as a “joint-employer” in a case involving alleged retaliation by a Freshii franchisee against employees involved in unionizing activities.  Essentially, the NLRB ruled that Freshii “control” over its franchisee’s…

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Upcoming Events

DDIFO has confirmed our next few member meetings, taking us into the summer months.  Members in Ohio, Pennsylvania and surrounding environs will want to mark their calendars for May 21, when we will present “New NLRB Rules and Their Impact on Franchisees!” at the Holiday Inn in Boardman, Ohio.  The meeting will begin with our…

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Presidential Politics And Dunkin’ Franchise Leaders

Every four years, many around the country have the opportunity to question those who want to be President.  Dunkin’ multi-state franchise owner John Motta had just such an opportunity last week in New Hampshire when he posed a question about harmful NLRB rulings to the latest announced candidate for the GOP nomination, Senator Marco Rubio…

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