Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
NLRB Changes Rules for Determining Joint Employers
The long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 ( BFI ), was issued on Aug. 27, 2015. The decision set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining. The franchise community has kept an eye on BFI to determine whether it could divine from that ruling the possible outcome of the NLRB General Counsel's case against McDonalds Corporation, which has also been charged with being a joint employer with its franchisees. The decision in BFI was 50 pages in length, but a strong dissent by the two Republican members of the Board took up 30 of those pages. The majority of the Board found that Browning-Ferris was a joint employer along with Leadpoint Business Services (Leadpoint), a business staffing agency, by employing a new test for determining joint employment that will be applied retroactively.
After requesting comments from the industry, which included the International Franchise Association (IFA) and various franchisors, the NLRB adopted a more expansive standard than currently in effect for determining joint employer status as follows:
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.