The Department of Labor released guidance Tuesday regarding the implementation of the Families First Coronavirus Response Act, including details on how employers can determine whether they are covered by the Act.
Continue Reading DOL Explains 500-Employee Threshold, Provides Other Guidance on Coronavirus Response Act

On February 26, 2020, the National Labor Relations Board (NLRB) finalized its rule governing joint employer status under the National Labor Relations Act. The final rule generally restores the “direct and immediate control” standard that the NLRB applied for decades prior to the 2015 Browning-Ferris decision, but provides additional guidance.
Continue Reading NLRB Issues Joint Employer Final Rule

The last few weeks of a National Labor Relations Board Member’s term can be a busy time.  This is especially true when a Member’s imminent departure will leave the Board without any Members from the minority political party.  The Board historically has avoided major shifts in precedent without the participation of both parties.  Last month was no different.  As the clock wound down on Democrat Lauren McFerran’s term this December, the Board issued a flurry of significant rules and opinions that pare back many of the most anti-employer precedents set during the Obama-era.
Continue Reading A December to Remember at the NLRB

The Department of Labor earlier this month proposed employer-friendly amendments to its rules regarding joint employer liability under the Fair Labor Standards Act. In its Notice of Proposed Rulemaking, the DOL proposed the adoption of a four-factor test to assess joint employer status under the FLSA.  The test would consider an employer’s actual exercise of significant control over the terms and conditions of an employee’s work, rather than attenuated control or contractually reserved control that goes unexercised.


Continue Reading Department of Labor Proposes Joint Employer Rule Changes for FLSA

The National Labor Relations Board’s current joint employer standard received a mixed review from a federal circuit court late last month, providing some guidance on how courts may evaluate the Board’s ongoing rulemaking efforts.
Continue Reading D.C. Circuit Upholds Joint Employer Rule, Leaves Room for Changes through Rulemaking

Recently, the NLRB created significant uncertainty as to the joint employer test under the NLRA when it vacated a December 2017 decision that resurrected the standard that existed prior to 2015. On May 9, 2018, the NLRB indicated that it is considering rulemaking to address the joint employer test under the NLRA.
Continue Reading NLRB To Consider Rulemaking For Joint Employer Test

When a franchisor provides a California franchisee with detailed instructions about how to operate the franchise business, but allows the franchisee to manage its own workforce, can the franchisor be held liable for the franchisee’s wage and hour violations?  The California Court of Appeals found the answer to be no.
Continue Reading Are Franchisors Joint Employers in California Wage Cases?

On April 16, newly confirmed member John Ring was sworn in as the fifth member and Chairman of the National Labor Relations Board, establishing a Republican-controlled Board.   While all has been relatively quiet with regard to rulings from the Board,  we will likely see a rise in activity now that the NLRB (with a  newly-minted majority) is poised to roll back some of the Obama-era rulings.
Continue Reading Republican-Controlled NLRB is Poised to Review Obama-era Rulings

The National Labor Relations Board and McDonald’s Corp. have reached a settlement agreement in the long-running employment retaliation case brought against McDonald’s that hinges on whether McDonald’s Corp., as a franchisor, has enough control over its franchisees to be considered a “joint employer” of the franchisees’ employees.
Continue Reading Settlement in McDonald’s Litigation Is Another Twist On the Road to Joint Employer Certainty