Tag Archives: Joint Employment

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 Employment Concerns Grow for Franchisors

Recent guidance issued by the Department of Labor ensures that, like 2015, joint employment will remain a hot topic for franchisors in 2016. Last year, the National Labor Relations Board (NLRB) captured the full attention of the franchise industry by “restating” the standard for finding joint employment in Browning-Ferris Industries of California, Inc., 362 N.L.R.B. … Continue reading this entry

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of another’s employees, the Board has created an unprecedented amount of uncertainty for all types of businesses. Under this … Continue reading this entry

Serving Two Masters Can Trigger Overtime Claims

While it has been said that “no one can serve two masters,” in our modern society many people work for two or more employers at the same time. This multiple employment can have significant consequences under state and federal wage and hour laws and other areas. Thus, without realizing it, under the Fair Labor Standards … Continue reading this entry