It may not have been the McDonalds case that brought the issue to the forefront and it may not be a direct challenge to the new NLRB definition, but a federal District Court has dismissed a “joint-employer” argument in a case involving franchisor Massage Envy. In the case of Vann v Massage Envy Franchising LLC, the District Court for the Southern District of California granted summary judgment to the defendant/franchisor. The case stemmed from allegation by an employee that the franchise owner had violated California wage laws and that Massage Envy, as the franchisor, was essentially a “joint employer”. In his 13-page ruling, Judge Roger Benitez dismissed the notion that Massage Envy was a joint-employer, and granted dismissed the suit against Massage Envy. There will be much more to come regarding the “joint employer” rule and the NLRB effort to change its definition, but it will have to come from a different court than that of Judge Benitez.