Topics: joint employer status

NATSO Submits Comments on NLRB Joint Employer Proposal

Labor Department Issues Final Rule on Joint Employer Status

The Department of Labor on Jan. 12 promulgated its final rule on Joint Employer Status under the Fair Labor Standards Act. The 164-page final rule consolidates a four-factor balancing test introduced in the April 2019 proposed rule, and it will be published in the Federal Register on Thursday, Jan. 16. More

McDonald’s $3.75 Million Wage-and-Hour Settlement Holds Joint Employer Implications

McDonald’s Corp. agreed to pay $3.75 million to settle a wage-and-hour lawsuit brought by employees at five franchisee-owned restaurants in the San Francisco Bay area, marking an important development in the company’s long-standing legal battle over whether it is a joint employer of franchise operations. More

Labor Issues Update: Key Developments on Overtime, Joint Employer Issues

There were several important developments the week of March 14 on two labor issues that are critical to NATSO members: Efforts to expand the universe of employees entitled to overtime pay; and the joint employer issue, which could expose companies to legal liability for how their subcontractors, staffing agencies, and franchisees treat their employees. More

Joint Employer Standard/Unionization: Summary And Compliance Guide For Truckstops and Travel Plazas Members Only Join or Login

The National Labor Relations Board (NLRB) recently revised the so-called “joint employer” standard significantly to expand the scope of determining “co-employment” under the National Labor Relations Act. Specifically, the NLRB decided that a company could be considered a “joint employer” if it possesses the right to control various terms and conditions of employment, regardless of whether that company actually exercises such control. More

House Panel Approves Joint Employer Bill

The House Education and Workforce Committee voted 21-15 Oct. 28 in favor of the Protecting Local Business Opportunity Act, H.R. 3459, which would restore the longstanding joint employer standard under the National Labor Relations Act (NLRA). Introduced by Congressman John Kline (R-Minn.) in September, H.R. 3459 would undo the recent expansion of joint employer liability under federal law and amend the NLRA by limiting joint employer findings to situations where two or more entities share control over employees that is “actual, direct, and immediate.” More

Joint Employer Bill Pushes Back on Labor Initiatives

Republican Senator Lamar Alexander (R-Tenn.) and Congressman John Kline (R- MN) on Sept. 9 introduced legislation designed to undo the recent expansion of joint employer liability under federal law. The legislation responds to a National Labor Relations Board (NLRB) decision issued last month redefining "joint employer" in a manner that would make it easier for two or more companies to be considered "joint employers." More

NLRB Redefines Joint-Employer Standard

In a 3-2 decision last week, the National Labor Relations Board (NLRB) issued a decision in its case against Browning-Ferris Industries (BFI) that redefines and expands "joint employer” liability under the National Labor Relations Act, making it easier for two or more companies to be declared joint employers. More

Broadening Joint-Employer Standard Threatens Small Business Growth

If the National Labor Relations Board (NLRB) abandons a 30-year-old legal test for classifying multiple businesses as joint employers, franchisors and franchisees across the United States will have to renegotiate or reconsider business relationships, BNA reported. More

NLRB Names McDonald’s as Joint Employer in Six Complaints

The National Labor Relations Board’s Office of the General Counsel recently issued six more complaints that allege McDonald’s USA is a joint employer with its franchisees under the National Labor Relations Act, BNA reported. More

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