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Highest Court In Canada Says Substance, Not Form, Will Determine Independent Contractor Or Employee Status
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor
United States
6 Aug 2019
Franchising And California At A Crossroads: The Dynamics Of Dynamex And The ABC Test
In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court.
United States
25 Jul 2019
Time For Submissions Soon Expiring In Ontario Under Changing Workplace Review
As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the LRA and ESA could enhance protections for workers.
26 Sep 2016
Michigan Franchisors Not Joint Employers Of Employees Of Franchisees Absent Agreement
In Browning-Ferris, the NLRB announced that it was returning to the "traditional" joint employer standard that preceded its 1984 decision in TLI, Inc...
United States
5 Apr 2016
The NLRB Refuses To Require Its General Counsel To Explain The Joint Employer Case Against McDonald's
The dissent also believes that the Board's decision wastes the Board's resources given the substantial risk of reversal on the basis of deficient pleadings.
United States
18 Aug 2015
NLRB Chairman Pearce And GC Griffin Face Grilling By Senate Appropriations Committee
The proposed overhaul of the joint employer test through the General Counsel's recent activity and the pending Board decision in Browning-Ferris was the focus of most of the questioning over the course of the hearing.
United States
15 May 2015
Restaurant Franchisor And Franchisee Are Not Joint Employers, According To NLRB Advice Memo
In the scenario addressed by the advice memorandum, a "fast-casual" restaurant franchisee allegedly terminated an employee and disciplined another for attempting to unionize the workforce.
United States
13 May 2015
NLRB's General Counsel Issues More Complaints Against Franchisor As Joint Employer
The General Counsel's move comes a week after the Senate Committee on Health, Education, Labor and Pensions held a hearing to address a possible new definition of "joint employer" under the National Labor Relations Act.
United States
16 Feb 2015
Senate Hearing Focuses On Definition Of Joint Employment
The implications of an expanded definition of "joint employer" under the National Labor Relations Act was the topic of debate among Senators and panelists during a Thursday hearing held by the Committee on Health, Education, Labor and Pensions
United States
6 Feb 2015
Who's In Control Here? California's Supreme Court Establishes New Standards For Potential Franchisor Liability For Employee Tort Claims
The plaintiff, an employee of a Domino's Pizza franchise (or "franchisee"), alleged she was sexually harassed and assaulted by the franchise's assistant manager.
United States
3 Sep 2014
NLRB General Counsel Announcement On Joint Employer Status For Franchisors Could Have Significant Implications
National Labor Relations Board General Counsel Richard Griffin announced that his office intends to name a parent franchisor as a respondent.
United States
1 Aug 2014
NLRB General Counsel Takes Aim At Franchises
NLRB General Counsel intends to name franchisor as a respondent in cases involving alleged unfair labor practices committed by franchisees.
United States
30 Jul 2014
Who's In Charge Here? Recent Decision May Cause Headaches For California Franchisors
California is the birthplace of the franchise business model.
United States
16 Jul 2012
Blindsided? Franchise Successor Liability in the Hospitality Industry
Many companies active in the hospitality business operate as franchisees.
United States
7 Dec 2010
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