There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s change of DOL rules, it can be hard to follow. This week, the Second Circuit Court of
The Relationship Talk: DOL Issues New Rules on Joint Employer Status
When do your business relationships make you a joint employer? Fortunately, the DOL recently published a Notice of Proposed Rulemaking with changes to regulations regarding when two or more entities should be treated as “joint employers” under the FLSA. This will help answer the question of when you and the business partner share legal responsibility
McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for Franchisors
In an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees were not jointly employed by McDonald’s Corp. and thus the franchisor, McDonald’s Corp., was not liable to the employees under California
Recent Developments in the Battle of Independent Contractors vs. Employees
We’ve posted on this topic several times before but the battle between independent contractors and employees continues.
Here’s a brief refresher on the basics of why proper classification of employees as independent contractors or employees matters:
- Employees (not independent contractors) are entitled to workers’ compensation and unemployment benefits.
- Employees (not independent contractors) have taxes withheld
The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company
As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another decision impacting joint-employer issues. The Board’s new opinion in Miller & Anderson, Inc., through the
All Together Now: NLRB Expands the Joint-Employer Standard
The National Labor Relations Board (NLRB) issued a decision yesterday in a long-litigated case that further defined how two entities could be considered joint employers under the National Labor Relations Act (NLRA). The decision overturned the Regional Director’s finding that workers provided by a staffing agency to a recycling plant were not considered employees of
It’s All in the Family: Shifting Standards for Joint-Employer Liability
The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to how these standards apply in the franchisor-franchisee setting. In December, the NLRB filed complaints in 13 different regions