Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Franchise Industry Group

Weekly catch-up

Posted in Immigration, Labor Relations, Politics, Wage-Hour
And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration’s “Persuader Rule.” The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let’s hope. David Phippen of our Washington DC Metro Office has… Continue Reading

Weekly catch-up

Posted in Franchise, Independent Contractor, Politics, Wage-Hour
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator’s Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The quick and dirty:… Continue Reading

Weekly catch-up

Posted in Discrimination, FOCUS, Franchise, Labor Relations, Politics
You want my salary history? That’s sex discrimination! Well, actually, it’s a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women’s leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay — and how alternatives may be even more unfair. As state and… Continue Reading

Weekly catch-up

Posted in FOCUS, Franchise, Labor Relations, Politics
Franchisors received some encouraging news this week from President Trump’s Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are “joint employers.” He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply… Continue Reading

Weekly catch-up

Posted in Franchise
Our Franchise Industry Group is out with a new bulletin this week, discussing the recent decision from the U.S. Court of Appeals for the Third Circuit in Williams v. Jani-King. The plaintiffs in this case, former franchisees, claim that they and other franchisees are actually misclassified “employees” of Jani-King, the franchisor. Although the court hasn’t made… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Franchise, Wage-Hour
Massachusetts has had a “comparable worth” law forever, but Gov. Charlie Baker just signed some amendments that will make it easier for women (and men) to assert pay equity claims. In addition to making it easier for plaintiffs to prove that two jobs are “substantially similar,” the law prohibits asking for salary history before a conditional offer of… Continue Reading