Today, February 26, 2020, the National Labor Relations Board (NLRB) published its final rule for whether affiliated businesses are “joint employers” for purposes of labor law. This rule has broad reach in the franchising and staffing industries.

The new rule replaces a test created by the NLRB under the Obama Administration in 2015 in Browning-Ferris

The federal Department of Labor finalized regulations–to take effect in March 2020–loosening the test for joint employment. Employers that rely heavily on temporary and/or staffing agencies for workers and businesses that have franchisor-franchisee contracts will find some relief in the new test. Recall that the Obama administration in 2016 expanded joint employment liability through a

The National Labor Relations Board (“NLRB” or “Board”) in a series of policy moves and case decisions has taken a more employer-friendly turn. Of note:

  1. Caesars Entertainment, which said that employers can restrict work email use to business use and prevent employees from using work email for union organizing or union business;
  2. Apogee Retail