On Friday, the National Labor Relations Board returned to its long-standing independent-contractor standard, reaffirming the Board’s adherence to the traditional common-law test. By doing so, NLRB clarified the role entrepreneurial opportunity plays in its determination of independent-contractor status, which the D.C. Circuit Court has recognized.
Legal judgment & dispute resolution
Cases, news, issues and legal opinions impacting franchise law
Roger Wittenberns, 62, founder of franchise fitness chain Lady of America, pled guilty to DUI manslaughter in the fatal 2016 car crash that killed J. Gerald Smith, 82, an Uber driver. Wittenberns crashed his Lamborghini Murciélago into the front driver's side of Smith's Buick Enclave SUV.
Franchisees of large pizza delivery systems have been settling labor-violation lawsuits, some in the millions of dollars, with little help from their franchisors who mandate many employment policies. Now with enforcement coming from an unusual source, franchisors may have to share the liability and expense with their franchisees.
In a high-profile lawsuit, a judge dismissed the complaint filed by Craft Beer Stellar against Glassdoor, alleging the website operator allowed negative postings against one of its franchisees containing confidential information. The franchisor asserts that was a violation of federal Defend Trade Secrets Act.