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State, Federal Law Differ on Franchisors As Joint Employers
Editor's Note: Last month, we published an article about the long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California, Inc. , 362 NLRB No. 186, which was issued on Aug. 27. 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. We continue this all-important discussion with an update from a different author.
The National Labor Relations Board (NLRB) has targeted major franchise brands as joint employers. This effort is designed to assist employees deemed at the bottom of the pay scale, deemed “vulnerable.” Targeting McDonald's Corp. as a joint employer with its franchisees is motivated by an articulated policy to facilitate effective bargaining over wages and working conditions. (See “NLRB Office of the General Counsel Issues Consolidated Complaints Against McDonald's Franchisees and Their Franchisor McDonald's USA LLC as Joint Employers,” published by the NLRB on Dec. 19, 2014.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.