Joint Employer Status and the NLRB - What you Need to Know:
In July 2014, the National Labor Relations Board (NLRB) Division of Advice announced that a franchisor could be designated as a joint employer of its franchisees employees. The International Franchise Association is fighting this dangerous assertion because it is unlawful and will harm job growth, the economy and locally-owned franchise small businesses in every state.
How the NLRB's General Counsel Plans to Change the "Joint Employer" Rule for Franchises
The NLRB, a board of five unelected Washington bureaucrats, ignored decades of regulatory, legal and legislative precedent that make it clear franchisees are separate businesses from their franchisors. Franchisors are the brand companies responsible for brand standards and quality, while franchisees are independently-owned, local small businesses owners responsible for day-to-day operation and employment decisions that include hiring, firing, wages and benefits, and working conditions. Franchisees have invested their capital in the business and stand to lose equity in their businesses if their franchisors are deemed joint employers.
IFA/Littler/ComplianceHR Webinar (Recording) - "Understanding and Complying with the DOL's New Overtime Rule"
IFA/Littler/ComplianceHR Webinar (Slides Only) - "Understanding and Complying with the DOL's New Overtime Rule"
Faegre Baker Daniels - "NLRB, Seeking to Connect to 'Reality of Today's Workforce,' Changes Organizing Standard"
IFA/Littler Webinar (Recording) - "The New Persuader Rule: What it Means for Employers, Associations, and their Advisors"
IFA/Littler Webinar (Slides Only) - "The New Persuader Rule: What it Means for Employers, Associations, and their Advisors"
IFA/Littler Webinar (Recording) - "NLRB Changes the Joint Employer Standard: What Do Franchises Do Now?"
IFA/Littler Webinar (Slides Only) - "NLRB Changes the Joint Employer Standard: What Do Franchises Do Now?"
Littler Mendelson - NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris
Littler Mendelson - DOL Releases Proposed Revisions to "White Collar" Overtime Exemptions
IFA/Littler Webinar (Recording) - "Working on Overtime: DOL's Proposed Changes to the White Collar Overtime Exemption Regulations"
IFA/Littler Webinar (Slides only) - "Working on Overtime: DOL's Proposed Changes to the White Collar Overtime Exemption Regulations"
Littler Mendelson: Coping With The New NLRB Quickie Election Rule (Webinar)
Littler Mendelson - President Vetoes Resolution Disproving of NLRB Election Rule
Littler Mendelson - "Vote-a-Rama" for Senate Budget Resolution included Employment Amendments
Littler Mendelson - NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules
Littler Mendelson - Budget Hearing Focuses on Recent NLRB Actions
IFA/Littler Webinar (Recording) - The NLRB: Looking Back - Looking Forward, An Activist Agency Takes Aim At Franchising
IFA/Littler Webinar (Slides only) - The NLRB: Looking Back - Looking Forward, An Activist Agency Takes Aim At Franchising
Wall Street Journal - NLRB Names McDonald's as 'Joint-Employer' at Its Franchisees
Bloomberg - McDonald's Deemed as 'Joint Employer' in Worker Rights Case
Littler Mendelson - NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers
Littler Mendelson - The NLRB Issues its Long-Anticipated "Quickie Election" Rule, Making Union Organizing Faster and Easier
Washington Legal Foundation - Redefining "employer": How the NLRB plans to treat separate companies as one
Franchise Times - Firm piles lawsuits onto 7-Eleven claiming heavy hand
Bloomberg BNA - Franchising Group Writes to NLRB's Griffin Seeking Rationale for Joint Employer Stance
Bloomberg BNA - To Unions, McDonald's Joint Employer Status No Slam Dunk, as Fast Food Push Intensifies
IFA Press Releases:
August 27 - While Congress is Away, NLRB Still Plays, Upending Joint Employer Standard for Franchise Businesses
August 26 - IFA Seeks Labor Department Explanation of Applying a New Standard of Joint Employer Standard
July 29 - IFA Statement on NLRB Declaring McDonald's Corporation a "Joint Employer"
September 9 - Franchise Business Model at Risk Due to Joint Employer Status
September 16 - IFA Applauds Bill to Reform the National Labor Relations Board
October 30 - Franchise Association Seeks Details of NLRB Counsel's "Joint Employer" Opinion
November 12 - IFA-Opposed NLRB Nominee Withdrawn by White House