Oklahoma Latest to Pass Joint-employer Clarification

There are now 9 individual states that have enacted legislation declaring that franchisors are not to be considered “joint-employers”.  Oklahoma became the latest to join that group when Governor Mary Fallin signed SB. 1496 on May 24.  The Oklahoma law essentially provides blanket protection that states franchisors “shall not be considered the employer of a…

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DOL Issues Still in the News

They may not be garnering as much interest as who’s using which bathroom, but a couple of noted controversial rulings by the Department of Labor continue to be very much in the forefront.  On the somewhat positive side of the ledger, DOL’s new overtime threshold, which had previously been projected to equate to $50,440 is…

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Keeping Up On Joint-Employer

While minimum wage and paid sick leave battles steal much of the anti-business limelight of late, we can’t lose sight of the importance of the ongoing efforts to effectively negate the National Labor Relations Board (NLRB) recasting traditional employer definitions.  As the McDonald’s v NLRB joint-employer case continues in a Manhattan courtroom, there’s been plenty…

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DOL Overtime Rule Sent To OMB

Without boring you with all the painful governmental details, the new Department of Labor mandated overtime rules have been sent to the White House Office of Management and Budget (OMB) for their final review before becoming effective.  OMB review typically takes a month or two to complete, but with the prospect of the Congressional Review…

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Utah and Wisconsin Ban Joint-Employer

Speaking of the egregious joint-employer ruling, two more states have enacted laws that strictly prohibit the application of the NLRB joint-employer definition within their boundaries.  Utah Governor Gary Herbert is expected to sign H.116, which specifies that no franchisee or employee of a franchisee shall be considered an employee of the franchisor for any purpose…

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Skating in a New Direction

Over the course of the past month or so, we’ve watched three of America’s major sports present All-Star games, where their sport’s premier players are recognized and fans can witness the best of the best competing for all-star bragging rights. Most of these contests fail to live up to the hype, but in one case,…

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DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

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States Look to Restrict Joint-Employer

One approach to clarifying the issue and clearing up any confusion it may have caused is legislation at the individual state level that unmistakably defines who is and is not a joint employer.  As we’ve advised in past issues, 3 states (Tennessee, Louisiana & Texas) had passed into law clarifying legislation that effectively exempts franchising…

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Tackling “Joint Employer” in the New Year

As the individual state legislatures begin new sessions, efforts to address the new NLRB definition of a joint employer at the state level are front and center in Wisconsin, Michigan and Virginia.  Senate Bill 422 in Wisconsin prohibits a franchisor being considered a joint employer with the franchisee unless the former agrees to the role…

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Spending Authorization Ready

As they rush to get to their Christmas vacation, Congress also appears set to pass the other half of the deal – an omnibus spending bill necessary to keep the government operating into the New Year.  With critical legislation such as the Omnibus Spending bill, Congress will often try to attach policy riders to piggy-back…

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