Posts tagged franchisor
The Department of Labor Returns to the Totality-of-the-Circumstances Test for Worker Classification
February 6, 2024 // Employers in states with stricter rules must meet whichever standard provides the greatest protection for workers. Regardless of the analysis applied, remember that workers cannot “waive” their status as an employee and voluntarily elect to be an independent contractor. Highly Regulated Industries Take Note The Final Rule purports to address the concerns that compliance with “legal obligations, safety or health standards, or requirements to meet contractual or quality control obligations may indicate control[.]” The DOL sought to address this concern by stating “actions taken by the potential employer for the sole purpose of complying with a specific, applicable Federal, State, Tribal, or local law or regulation are not indicative of control.” However, the DOL makes clear that anything going “beyond compliance” with these laws or regulations potentially indicates control—a distinction likely to be litigated in misclassification disputes. Bottom Line: Franchisors Must be Cautious of the Restrictions and Controls it Places Over Franchisees.
Commentary: New Biden ‘Joint Employer’ regulation is a boon for unions
November 13, 2023 // In short, joint employment is a possible means for unions to organize major corporations all at once, rather than the piecemeal process of organizing workers at one location at a time. Incidentally, two of the board’s three Democrat majority members are David Prouty, former general counsel of the service employee union UNITE HERE, and Gwynne Wilcox, a former lawyer for the Service Employees International Union. Chairwoman Lauren McFerran served as a staffer of former Sen. Tom Harkin, a longtime union ally.