We are back with our scintillating discussion about the US Department of Labor’s take on joint employment. Last week we established that the DOL defines “employer”, “employee” and “employment” and “joint employment” broadly, and its rationale for doing so. (Click here for review.) But wait there’s more–like how to determine if you are a joint […]
The DOL on Joint Employment and the FLSA
Employment relationships are changing. Those changes have turned traditional assumptions about employment relationships upside down. I have written before about the phenomenon of some employers having more than one person or entity employing them at the same time, often for the same job. That is known as joint employment or co-employment. (Click here and here for a bit […]
What’s the Likely Impact of the NLRB’s Joint Employment Ruling?
We are back with our discussion of the NLRB case, Browning-Ferris Industries of California–and all the doomsday predictions that seem to come with it. Now, I don’t mean to unduly minimize any concerns about how this ruling will impact businesses. I do, however, get a bit suspicious of broad, sweeping statements. At the same time, what […]
What Did the NLRB Say in its Ruling on Joint Employment–and Why?
Last week, I promised to start looking at issues employers face when dealing with non-competition provisions (aka “non-competes”)–but then the NLRB rendered a long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). I previously posted about that case here, when the case was pending. […]
Breaking News: NLRB Files Consolidated Complaints Against McDonald’s Franchisor and Franchisees
For the second time in a month I am writing a supplemental post. The previous one, which you can find here was about the US Supreme Court decision that employers do not have to pay employees for the time they spend in post-shift security checks. This time we are circling back to an NLRB matter […]