Save Local Businesses - Joint Employer Status

The NLRB's Browning-Ferris Industries (BFI) decision in August 2015 has been frustrating and has hurt franchise small businesses. The Board replaced the predictable and clear, “direct and immediate control” standard for determining joint... Read more
The NLRB's Browning-Ferris Industries (BFI) decision in August 2015 has been frustrating and has hurt franchise small businesses. The Board replaced the predictable and clear, “direct and immediate control” standard for determining joint employer status with a vague test based on “indirect” and “potential” control over workers’ terms and conditions of employment. The decision exposed franchisors and franchisees to workplace liability for another employer’s actions and for workers they do not employ. Specifically, franchise businesses are facing more operational and legal costs, decreased business values, less compliance assistance from franchisors, less growth and fewer jobs as consequences of the expanded joint employer definition. Read less
Washington, DC ( Federal)
October 23, 2018
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International Franchise Association

October 23, 2018We strongly support the Board reestablishing a standard of joint employment that is consistent with the proposed rule’s text, in which an employer can be deemed a joint employer only if it possesses and actually exercises substantial, direct and immediate control over the essential terms and conditions of employment of another... Read more
October 23, 2018

We strongly support the Board reestablishing a standard of joint employment that is consistent with the proposed rule’s text, in which an employer can be deemed a joint employer only if it possesses and actually exercises substantial, direct and immediate control over the essential terms and conditions of employment of another employer’s employees. This standard is clear and predictable and will ensure that franchisees can continue to operate their own businesses for themselves, but not by themselves.

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Trump Administration Taking On Overtime Pay, Franchise Liability

2018/10/17 - Bloomberg