Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: franchisor

NLRB Publishes Proposed Joint Employer Rule

Posted in NLRB, Rulemaking
On Friday last week, the NLRB (in a 3-1 decision) carried through on its previous announcement and published a notice of proposed rulemaking that would address the hotly contested joint employer issue.  “Joint employer” refers to the question of whether one business can be considered the employer of another business’ employees.  Think of situations like subcontracting,… Continue Reading

NLRB Returns to a More Demanding Joint Employer Test

Posted in NLRB
Yesterday, the NLRB overruled the Obama-era Browning-Ferris Industries decision and returned to an older, more demanding test for determining when multiple employers are joint employers. First, a little history.  For a long time, employers could only be considered “joint employers” if they each exercised direct and immediate control over employees.  Joint employers can be liable… Continue Reading

Protecting the Employer’s Brand During a Labor Dispute

Posted in Union Organizing
The NLRB makes it hard to protect a company’s investment, which can be substantial, in its brand. A recent decision demonstrates the perils that employers can encounter for their brand during a labor dispute. The case involved the national sandwich franchise, Jimmy John’s, and one of its franchisees in the Minneapolis-St. Paul area. The franchisee’s workers began… Continue Reading