Posts Tagged ‘joint-employer’

DOL Pulls Independent Contractor and Joint-Employer Guidance

Yesterday, the U.S. Department of Labor (DOL) said that it is withdrawing two guidance memos on joint-employer liability and independent contractor classification. These guidance memos were issued in 2015 and 2016 under the Obama administration. The short DOL statement notes that removing the guidance “does not change the legal responsibilities of employers under the Fair […]

8 Jun 17 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

McDonald’s Victory on Suit over Wage Violation at Franchises

A federal court in California recently ruled in favor of McDonald’s finding that it does not control the wages paid to employees at its franchises and was not responsible for any alleged wage and hour violations. The court granted McDonald’s motion for summary judgment, dismissing the wage and hour lawsuit against the company (Salazar v. […]

17 Mar 17 - Compensation, Labor Relations - Gail Cecchettini Whaley - No CommentsRead More »

NLRB Expands Ability of Temp Workers to Organize

Following on the heels of last year’s expansive Browning-Ferris decision that redefined the joint-employer standard, the National Labor Relations Board (NLRB) has now issued a decision that multiplies the problem for employers with temporary/contingent workers. In Miller & Anderson, Inc., the NLRB overturned long-established precedent to hold that temporary workers supplied by a staffing agency […]

20 Jul 16 - Labor Relations - Gail Cecchettini Whaley - No CommentsRead More »

California Company Appeals NLRB Decision on Joint-Employer Standard

Waste services company Browning-Ferris Industries of California, Inc. (BFI) has filed a legal challenge to the National Labor Relations Board’s (NLRB) expansive decision redefining the joint employer standard. Last summer, as previously reported, the NLRB departed from the long-standing joint-employer test it previously used which focused on the extent a company exercised direct control over […]

4 Feb 16 - Labor Relations - Gail Cecchettini Whaley - No CommentsRead More »

NLRB Changes the Joint-Employer Standard, Increased Bargaining Power for Temp Workers

In a 3-2 decision involving a California employer, the National Labor Relations Board (NLRB) “refined” the standard it will use for determining joint-employer status. The highly watched decision signifies a departure from the long-standing joint-employer test previously used by the NLRB. This decision may impact businesses that outsource, contract for labor, use temp workers, have […]

28 Aug 15 - Labor Relations - Gail Cecchettini Whaley - No CommentsRead More »