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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:
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.