Many are keeping a lookout for any movement on the National Labor Relations Board (NLRB) change to the joint-employer standard with several prepared to do battle over the proposal. In fact, during the recent “public comment period”, almost 13,000 comments were received by the December 7 submission deadline, a good many of which took aim…
Read More »A few weeks ago, we advised that the Wage and Hour Division (WHD) at the Department of Labor had proposed a new rule regarding the standards by which a work is classified as an independent contractor rather than an employee. At that time, interested parties were given a 45-day window – until November 28 –…
Read More »Last Friday, the National Labor Relations Board (NLRB) announced an extension in the time allowed for public comments to be submitted regarding a proposed new rule on the joint employer standard. The agency extended the comment period by an additional 30 days and will now accept public comments through the close of business on Wednesday,…
Read More »The U.S. Food and Drug Administration (FDA) last week announced a proposed new rule redefining the term “healthy” as relates packaged foods. With the publication of the proposed rule in the Federal Register on September 29, concerned parties and the general public will now have 90 days to file formal comments with the agency. The…
Read More »Although it should come as a surprise to nobody involved in the franchise business model, the National Labor Relations Board (NLRB) is resurrecting the Obama-era joint employer standard that caused much angst within the industry. The agency has issued a notice of proposed rulemaking, published in the Federal Register on Wednesday of this week, that…
Read More »The North American Securities Administrators Association (“NASAA”) this week issued an important proposed statement of policy (“SOP”) for public comment to close a fine print technique used by franchisors to insulate them from liability under some state franchise disclosure laws. The SOP deals with and would stop the proliferation of acknowledgements and questionnaires used by…
Read More »Although the President’s Emergency Temporary Standard (ETS) for a national vaccine mandate for employers with 100 or more workers has been put on hold by the federal courts, the administration is proceeding under the assumption that it will ultimately be upheld and implemented. Earlier this week, the Occupational Safety and Health Administration (OSHA), the agency…
Read More »The Federal Trade Commission (FTC) is currently undertaking a formal review of the Franchise Rule, which you may recall, requires franchisors to publish a Franchise Disclosure Document (FDD) designed to provide material information to assist prospective franchisees in their decision whether or not to purchase the franchise. In its review, the FTC is looking at…
Read More »Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…
Read More »In late breaking news yesterday, the National Labor Relations Board has asked for public input on the question of if or when an offensive and/or profane outbursts by an employee become so egregious that the employee loses the protection of the National Labor Relations Act. By a familiar vote of 3-1, the Board invited amicus…
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