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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?'
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.