Biz Help Gets Court OK on Joint Employer

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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Colorado Resurrecting Obama-era Joint Employer

It’s an issue that’s seemingly been resolved more times than one can count since President Trump took office in 2017, but joint employer is still rearing its ugly head periodically – and this time at the state level. The effort in Colorado to codify the egregious joint employer standard from the Obama-era NLRB almost completely…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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Fight for $15 Active Again in New Year

The SEIU (Service Employees International Union) sponsored advocacy group, Fight for $15, continues to push for increased wage minimums in a host of states around the country. The most recent example of their ongoing efforts was seen in the state of New Hampshire, where the New Hampshire House of Representatives voted last week to raise…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Much Year-End Action at NLRB

Despite approval of 2 articles of impeachment against the President this week in the US House, the more impactful news these weeks may be coming out of the National Labor Relations Board. Nothing will change when the impeachment articles are rejected by the Senate, but the NLRB has made some big changes that will reverberate…

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DC Think Tank Charges NLRB Favors Business

After so many years of National Labor Relations Decisions coming down on the side of organized labor, the tide has now turned according to a liberal Washington DC think tank. The left-leaning Economic Policy Institute released an analysis of NLRB decisions this week that they claim shows a bias in favor of business interests by…

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In Joint Employer Battle: Round 2 Goes to McDonald’s

On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…

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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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NE Regional Meeting: Local TV Host Chronicles the Importance of Information

Dunkin’ franchisees from across New England gathered in late April for the annual NE regional meeting. DDIFO invited new business members to join the event at the Sheraton Needham Hotel. Labor attorney Dan Field, a former Chief of the Massachusetts Attorney General’s Fair Labor Division, was a featured speaker and touched on critical issues like…

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