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The NLRB McDonald's Ruling And Franchisors
The National Labor Relations Board (NLRB) general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds. The NLRB general counsel's decision was made in an internal, unpublished memorandum concerning a group of cases filed with the board asserting that McDonald's as well as its franchisees had violated the rights of franchisee employees with respect to protests over wage and hour issues. Significantly, however, the NLRB usually follows the legal advice of its Office of the General Counsel, or OGC. Louis S. Chronowski, “NLRB Decision Shocks Franchise World: McDonald's, a 'Joint Employer' of Franchise Employees,” The Metropolitan Corporate Counsel, Sept. 23, 2014.
The OGC's ruling first will be tested before administrative law judges (ALJ) who hear the employees' claims in these cases. Assuming that the ALJs find against McDonald's, there seems little doubt that the company will appeal to the full, five-member NLRB. Steven Greenhouse, “Ruling Says McDonald's Is Liable for Workers,” N.Y. Times, July 30, 2014, at B1.
Because three of the NLRB's members are former union representatives or employees, some consider the board to be sympathetic to the interests of employees and unions, which might well lead to decisions upholding ALJ decisions against McDonald's. Michael J. Burns, “NLRB Recognizes Franchisee-Franchisor as Single Employer, American Society of Employers,” Aug. 6, 2014.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.