In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
Should You Say Good Bye to Arbitration Agreements and Recording Bans?
Do you prohibit recordings in the workplace? Do you make your employees consent to binding arbitration to resolve all disputes? I’ve posted here and here about mandatory arbitration agreements. You may already know that the NLRB says that arbitration agreements may violate the NLRA. You may also know that the NLRB says that a ban on […]
Could the President-Elect Trump Recent NLRB Rulings?
Well, the results are in. The people — or rather the Electoral College– has spoken. Donald Trump will be our new President in January 2017. Many are writing and speculating about the impact a Trump presidency can be expected to have on businesses and employers. Mr. Trump will have the ability to impact several key […]
Wait. Has Subway Just Conceded to the DOL That It’s a Joint Employer???
Doctors Associates Inc, owner and franchisor of Subway, recently entered into a voluntary agreement with the US Department of Labor. That’s nice. Or is it? That, of course, depends on what the agreement says and who is looking at it. The agreement purportedly is part of Subway’s “broader efforts to make its franchised restaurants and overall […]
More Employer Policies Are Under The NLRB’s Microscope
In case you were worried that the NLRB might be losing steam, fear not! On July 29, the NLRB struck down Minteq International’s non-compete, confidentiality and at-will policies. On the same day, the D.C. Circuit Court of Appeals denied Quicken Loans Inc’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in […]