Apr 4, 2016 - Blog by |

Is your franchisor your joint-employer under the labor laws? Currently pending before the US Congress is a bill that would prevent the NLRB from applying the NLRA to franchising. There is currently great uncertainty over the question of whether a franchisor can be held accountable for its franchisees’ labor and employment obligations under the NLRA. On the one hand, the NLRB is currently seeking to hold McDonald’s, as a franchisor, liable for violations of the NLRA; on the other hand, the NLRB’s Office of General Counsel has issued an Advice Memorandum in the Freshii case concluding that the fast-casual restaurant chain Freshii did not qualify as a joint employer for its franchisee’s unfair labor practices violations. Although resolution of the joint-employer dispute has the potential to impose real costs on franchising as a distribution model, it is not likely that the upshot will threaten the existence of franchising, as argued by some franchisor advocates.

Esteemed Lawyers of America Logo

Esteemed Law Firm Complex Litigation

Global Law Experts Logo

Recommended Firm in Franchise Litigation

Who's Who Attorney Logo

Top Attorney USA – Litigation

Avvo Franchise Lawyer Symbol

Superior Attorney in Franchising

Avvo Franchise Lawyer Symbol

Superior Attorney in Antitrust

Finance Monthly Global Award Winner Logo

Franchise Law Firm of the Year

Lead Counsel logo

Chosen Law Firm for Commercial Litigation

BBB of Washington DC

A+ Rated

Washington DC Chamber of Commerce

Verified Member

Lawyers of Distinction logo

Franchise Law Firm of the Year

ISSUU

Best Law Firm for Franchise Disputes in 2017

Law Awards Finanace Monthly

Franchise Law Firm of the Year

Top Franchise Litigator for Franchisees and Dealers

Top Franchise Litigator for Franchisees and Dealers

2017 Finance Monthly Award

2017 Finance Monthly Award

Contact Us

Goldstein Law Firm, PLLC

1629 K St. NW, Suite 300,
Washington, DC 20006

Phone: 202-293-3947
Fax: 202-315-2514

Free Consultation

Free Consultation