As part of our mission to communicate matters of importance to Dunkin’ franchise owners, we routinely include news about business regulations, trends and franchising in this magazine. With this final issue of 2022, we are offering information about several potential concerns we see brewing for the new year.
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The National Labor Relations Board’s (NLRB) rule on joint employer status, which has been expanding and contracting with changes of administration several times in the past decade, is poised to increase employer liability once again. Joint employers covered by a collective bargaining agreement are viewed as part of a single bargaining unit and may be…
Read More »Earlier this month, the US Circuit Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) should revisit the ruling the board rendered two years ago regarding joint-employer status. A three-judge panel of the court determined that “the ruling for Browning-Ferris Industries Inc in 2020 failed to explain why it had…
Read More »As we have advised in the past, there is a dangerous legislative proposal advancing in California, AB 257, the so-called FAST Act (the Fast-Food Accountability and Standards Recovery Act). This bill has already passed the Assembly and is currently pending in the State Senate, where it will likely have an easier time winning support. As…
Read More »With the National Labor Relations Board (NLRB) officially rescinding the joint employer standard developed during the Trump administration – a new standard becomes effective next Tuesday, September 28, 2021 – one would think the issue was off the radar. That is not the case however, as the Service Employees International Union (SEIU) filed suit in…
Read More »We’re just over two weeks away from the 2021 Coalition of Franchisee Association Lobby Day and your participation has never been so important. As evidenced by the news items already detailed above, having franchise owners like yourself personally explain to members of Congress the impact of such issues as joint employer, replenishing the RRF and…
Read More »More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage…
Read More »The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…
Read More »On Tuesday of this week, Judge Gregory Woods of the U.S. District Court for the Southern District of New York ruled that portions of the Department of Labor (DOL) regulation on the issue was “arbitrary and capricious” and in conflict with the Fair Labor Standards Act (FLSA). New York v. Scalia, in which 17 different…
Read More »A half-dozen business advocacy groups got the judicial OK this week to intervene in defending the Department of Labor (DOL) joint employer definition and the regulatory test pertaining thereto. A federal judge sitting on the US District Court for the Southern District of New York granted the request of the US Chamber of Commerce, the…
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