The NLRB's 'Joint Employer' Thrust Defies 50 Years of Judicial Precedent
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Columns & Departments
<i><b>At the Intersection</i></b>Manterruption Redux
Last August and September, we published a two-part article on the phenomenon called "manterruption." We commented on some important social research discussing men's pervasive tendency to interrupt women in group meetings or settings where the power stakes were high ("manterruption") and to appropriate women's ideas as their own ("bropropriation"). These posts triggered a torrent of response, some of which was gratifying to us and some of which was pretty bewildering.
Features
<b><i>In the Spotlight:</i></b> Relocation Clauses
Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
"It's a mobile jungle out there, and your corporate data is too valuable to just bungle through it."
Features
The Limits of Liens in Proceeds Under Article 9
This is the first in a series of articles on liens in proceeds under Article 9 of the Uniform Commercial Code (UCC).
The Essentials of Collaboration Agreements for Literary Works
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).
Features
A More Equal Road to Succession in Regulated Apartments After <b><i>Obergefell</i></b> and the Marriage Equality Act
For gay couples who live in rent-regulated apartments, <I>360 Associates v. Hyers and Pederson</I>, N.Y. County Civ.Ct. Index 72743/13 (2015), illustrates the resulting problems and the impact of <I>Obergefell.</I>
Maintaining the Attorney-Client Privilege Even with a Third-Party Presence
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees.
Features
The Invasion of the Right of Private Occupancy As a Covered Offense
As explained by several courts, "[p]ersonal injury liability is a theory-based coverage. It defines its coverage in terms of offenses, or theories of liability, not in terms of the injury sustained by the plaintiff."
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