Tag Archives: joint employers

NLRB Overrules Controversial Joint-Employer Decision

In their latest client alert, Gardere’s global supply network team discusses the National Labor Relations Board’s Hy-Brand decision, which reverses their stance on joint employment set forth in the 2015 Browning-Ferris ruling. While this development is certainly relevant to franchisors, we also want to take this opportunity to share the information with our clients, colleagues … Continue reading this entry

Another Joint Employer Test Makes Its Debut

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint employer of its drywall subcontractor’s employees. As a result, the contractor was responsible for unpaid wages, including overtime, … Continue reading this entry

Joint Employer Rule: Is Guidance on the Way?

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law.  Since then, employers have faced a rocky road in trying to understand the implications of this standard.  Long-awaited guidance may finally be … Continue reading this entry

Federal Court Rules Temp-to-Hire Employee's Hours Before and After Hire Must be Counted in Determining FMLA Eligibility

The interplay between staffing agencies and client companies continues to be a common source of litigation, including an increase in cases under the Family and Medical Leave Act (the “FMLA”).   Following on the heels of a Fifth Circuit ruling clarifying the FMLA obligations allocated to each of the staffing agency and client company, an Oklahoma … Continue reading this entry