I have previously written about joint employers. See my posts here and here. TheTrump administration tried to make it harder to show a joint employer relationship. It adopted an interpretive regulation which the DOL thought would make it harder to prove joint employers. But, the court in State of New York v. Scalia,
I wrote about this McDonald’s lawsuit a couple of years ago. See my prior post here. The lawsuit represented a new approach to franchisees. For years, even decades, persons suing franchisees could not also sue the parent company. A person could sue the local McDonald’s, but not the parent company. The theory was that
Sometimes, the San Antonio Express-News just does not get the story straight. In a story, entitled “Franchisees Fear a Chain of Ruin,” the report suggests the NLRB has made drastic changes to the law regarding joint employers. See San Antonio Express-News report. The NLRB has done nothing like that. See my prior post about
McDonald’s hamburger chain is facing the first test of a new approach to franchise workers. The new approach started with a NLRB decision last Summer that found in certain cases, the parent franchisor could be responsible for employment decisions made by the franchisee. See my comment about that decision here.
The McDonald’s case started
In a recent ruling, the National Labor Relations Board has adopted a new standard regarding joint employers. Joint employers is a relatively new creation in the area of labor and employment law. Joint employers, as the name suggests, refers to separate employers both being employers of the same employee. Many years ago, I worked on
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how