Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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 The NLRB general counsel's decision was made in an internal, unpublished memorandum concerning a group of cases filed with the board asserting that McDonald's as well as its franchisees had violated the rights of franchisee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.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.