As we warned just about one month ago, the U.S. Department of Labor (DOL) announced last week that it had officially rescinded the Trump administration definition of joint employer. An array of Democrat Attorney Generals had filed a number of lawsuits (some were successful and are on appeal) challenging several provisions of the Trump-era joint employment standard, but whether those appeals go forward remains to be seen. Notwithstanding, the actual implementation of a new joint employer standard may rest with the fate of President Biden’s nomination of David Weil to the position of administrator of the DOL Wage and Hour Division. Weil, a vocal opponent of the franchise business model, previously served in that capacity during the Obama administration and if confirmed again to the post could be expected to resurrect the Obama-era definition at best, or at worst, go beyond even that perverse standard! Dunkin’ franchisee and Coalition of Franchisee Association (CFA) Chairman John Motta penned a great OP-ED for the Concord Monitor in which he clearly articulates some of the anti-franchise musings of Dr. Weil and details many of the reasons why David Weil’s nomination should be rejected by the U.S. Senate.