NLRB – Franchise Focus

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Oct 26, 2023Legal Alerts, Statute TrackingJoint Employer, NLRB

Executive Summary The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when determining if two or more entities are joint employers. Analysis On October 26, 2023, the National Labor Relations Board (“NLRB”) released its final rule regarding the determination of joint employer status under the […]

NLRB Dismisses Charges Alleging Interference with Employee Collective Bargaining Rights Against Starbucks In La Quinta, California

Dec 9, 2022Legal AlertsEmployment Law, Labor Law, NLRB

Executive Summary: A Starbucks store in La Quinta, California was recently successful in defending itself against allegations that the store engaged in unlawful union-busting tactics. In a decision issued December 6, 2022, the National Labor Relations Board (“NLRB”) held that Starbucks did not violate Section 8(a)(1) of the National Labor Relations Act, which prohibits employers from interfering with or restraining […]

National Labor Relations Board Follows Department of Labor’s Lead and Publishes Franchisor Friendly Joint Employer Rule

Feb 25, 2020Legal AlertsEmployment Law, Joint Employer, Labor Law, NLRB

Executive Summary The National Labor Relations Board adopts a joint employer rule that negates indirect control and explicitly limits the terms and conditions of employment which may be analyzed when determining if two or more entities are joint employers. Analysis On February 26, 2020, the National Labor Relations Board (“NLRB”) released its final rule regarding the determination of joint employer […]

NLRB’s Ruling on Independent Contractor Status and Implications for Labor Relations and the Franchise Industry

Jan 25, 2019Legal AlertsFederal Law, Labor Law, NLRB

Executive Summary “On review from a decision by the Acting Regional Director, the National Labor Relations Board issued an order that considered whether franchisees who operated shared-ride vans for SuperShuttle were employees covered under the National Labor Relations Act. Overruling precedent set by the Board in a case involving FedEx in 2014, the Board found that the shared ride drivers were independent […]