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 is operations “are limited to ensuring standardized product and customer experience, factors that clearly do not evince sharing or codetermining matters governing essential terms and conditions of employment.”  In light of that finding, Freshii does not meet the new standard for “joint-employer”.