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AG Suit against Papa John’s Franchisee Could Mask Bigger Agenda

Papa John's

NEW YORK - The New York Attorney General made a clear statement this month when he filed a lawsuit against a Papa John's franchisee, vowing to fight against wage theft. What isn't so clear is whether the AG is also seeking the fact that Papa John's has such a degree of control over its system that it is really the defacto employer, if not the joint employer.  

Baloney, Big Macs, the NLRB and Franchise Advocacy

A column last week in the Los Angeles Times, entitled “The NLRB-McDonald's Ruling Could Be the Beginning of a Franchise War” is another example of how top franchise industry ‘experts’ and ‘talking heads’ too frequently lack sufficient knowledge about the facts and theories they are discussing.

Are Franchisors Inching Toward a Cliff? How Much Control Is Enough?

It seems to be human nature to want to stand as close to danger as possible—believing you have a solid footing to avoid falling over.  This is demonstrated by recent news reports of people dying while taking “selfies”, including one couple who tumbled off a cliff together in front of their young children.

NLRB Allowing "Joint-Employer" Claims against McDonald's Raises Eyebrows

BMM_1250

An announcement last month by the National Labor Relations Board’s general counsel, Richard F. Griffin Jr., stating that McDonald’s USA can be named as a “joint employer” in complaints filed by workers protesting low wages has sparked mixed reviews.

Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor practice charges against both the franchisees and McDonald's.

Fitch Says Labor Board Ruling Won’t Impact Franchising

NEW YORK – Fitch Ratings, one of the big three credit rating agencies, has issued a statement that it does not anticipate that the National Labor Relations Board's ruling that giant McDonald's Corporation is a "joint employer" will change the economics of franchising.

Franchisees Get A Break From 5th Circuit

It may be the last good news for a long time, at least on the labor front.

NLRB Issues Its First Social Media Decision

Although the National Labor Relations Board's Acting General Counsel has issued three advisory reports about his views on corporate social media policies within the past year, the Board had not decided an actual case.

NLRB Offers Employers More Guidance on Avoiding Labor Violations Over Social Media Policies

Lafe Solomon, Acting General Counsel for the National Labor Relations Board ("NLRB" , issued a third report on May 30th focusing on social media policies.

Federal Court Invalidates "Quickie" Union Election Rule, For Now

On May 14, 2012, the U.S. District Court for the District of Columbia set aside a controversial final rule of the National Labor Relations Board ("NLRB") that was designed to make it easier and faster for unions to hold organizing elections.