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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.
Contrast this with the U.S. District Court for the Northern District of California's recent decision in Ochoa v. McDonald's, 2015 U.S. Dist. LEXIS 129539 (Sept. 25, 2015), which holds that under California employment law, the franchisor is not a joint employer. Why are the state and federal paths diverging?'
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.